1 00:00:00,200 --> 00:00:03,200 Speaker 1: What's up, everyone, and welcome to another episode of The 2 00:00:03,399 --> 00:00:07,599 Diddy Diaries. Six weeks into the high profile federal trial 3 00:00:07,960 --> 00:00:12,039 of music mogul Sean Ditty Combs, the prosecution is close 4 00:00:12,119 --> 00:00:15,000 arresting its case on charges that he ran a year's 5 00:00:15,080 --> 00:00:19,600 long scheme of sexual exploitation and violence. Combs fifty five 6 00:00:20,039 --> 00:00:24,480 has pleaded not guilty to a five count indictment charging racketeering, conspiracy, 7 00:00:24,800 --> 00:00:29,359 sex trafficking by force, fraud or coercion to counts, and 8 00:00:29,480 --> 00:00:35,679 transportation to engage in prostitution two counts. Over eighteen prosecution witnesses, 9 00:00:36,039 --> 00:00:40,320 including former girlfriends, ex employees, law enforcement, and even rapper 10 00:00:40,399 --> 00:00:43,920 Kid Cuddy, have painted a detailed picture of colmb's alleged 11 00:00:43,960 --> 00:00:47,479 devi and empire of exploitation, in which he coerced women 12 00:00:47,840 --> 00:00:53,000 into drug fueled sex marathons and silenced them through black mail, violence, 13 00:00:53,240 --> 00:00:57,479 and intimidation. Colmb's defense team does not deny that he 14 00:00:57,560 --> 00:01:01,640 engaged in wild sexual parties and occasional violence, but they 15 00:01:01,679 --> 00:01:05,480 insist all sexual encounters were consensual and not part of 16 00:01:05,519 --> 00:01:10,359 any organized criminal enterprise. So in this episode, we're going 17 00:01:10,400 --> 00:01:12,879 to break down each charge and the counts against Colmbs. 18 00:01:13,120 --> 00:01:16,879 The prosecution's key testimony and evidence. The defense is rebuttal 19 00:01:17,200 --> 00:01:19,640 at what I think the likelihood of a conviction on 20 00:01:19,719 --> 00:01:25,760 each count will be, So let's talk about it. Count 21 00:01:25,760 --> 00:01:30,879 one Racketeering Conspiracy RICO. Count one accuses Combs a racketeering 22 00:01:30,879 --> 00:01:35,280 conspiracy under the Federal Rico Act. In playing terms, prosecutors 23 00:01:35,319 --> 00:01:38,719 alleged that Colmbs conspired with others to conduct a criminal 24 00:01:38,879 --> 00:01:42,920 enterprise through a pattern of racketeering activity. Unlike a typical 25 00:01:42,959 --> 00:01:46,159 crime reco conspiracy doesn't require Colms to be part of 26 00:01:46,159 --> 00:01:49,079 the mafia or a street gang. It can involve in 27 00:01:49,200 --> 00:01:53,799 otherwise legitimate business used for legal ends. Here, the alleged 28 00:01:53,879 --> 00:01:57,200 enterprise is Colm's own business empire, including his Bad Boy 29 00:01:57,319 --> 00:02:00,959 Entertainment label in Staff, which he supposedly used to facilitate 30 00:02:01,040 --> 00:02:06,640 crimes such as sex trafficking, kidnapping, force labor, arson, bribery, 31 00:02:06,959 --> 00:02:11,080 witnessed hampering, and obstruction of justice. And remember. To convict 32 00:02:11,120 --> 00:02:13,680 on this count, the jury must find beyond a reasonable 33 00:02:13,719 --> 00:02:17,159 doubt that Colms knowingly agreed with at least one other 34 00:02:17,319 --> 00:02:20,520 person to commit at least two racketeering acts from the 35 00:02:20,560 --> 00:02:24,360 list above within a ten year span. In essence, the 36 00:02:24,400 --> 00:02:27,439 government is trying to prove that Colmes was the kingpin 37 00:02:27,879 --> 00:02:30,639 of a systematic scheme of abuse and cover ups, not 38 00:02:30,800 --> 00:02:35,479 merely an individual who committed isolated bad acts. So what's 39 00:02:35,520 --> 00:02:39,520 the evidence. Over the past six weeks, prosecutors have methodically 40 00:02:39,520 --> 00:02:42,680 built their case that Colms turned his music and media 41 00:02:42,719 --> 00:02:47,240 empire into a vehicle for crime. Multiple former employees testify 42 00:02:47,319 --> 00:02:50,080 that working for Colms meant doing whatever it took to 43 00:02:50,159 --> 00:02:54,360 keep them happy, even if it involved illegal acts. For example, 44 00:02:54,919 --> 00:02:58,520 Brendan Paul recounted how staff were tasked with procuring drugs 45 00:02:58,560 --> 00:03:02,039 and recruiting participants for holmes notorious freak off sex parties. 46 00:03:03,159 --> 00:03:08,039 The assistants describe Colmb's organization as having a quasi military discipline. 47 00:03:08,319 --> 00:03:11,560 Paul said Combs expected his staff to move like Sealed 48 00:03:11,560 --> 00:03:15,560 Team six and James was told this is mister Colmbs's kingdom. 49 00:03:15,800 --> 00:03:18,879 We are all here to serve in it. Such testimony 50 00:03:18,919 --> 00:03:21,919 helps establish an enterprise with Combs at the top and 51 00:03:22,000 --> 00:03:27,439 subordinates carrying out his directives. Importantly, prosecutors have introduced evidence 52 00:03:27,840 --> 00:03:32,080 of multiple predicate crimes orchestrated by Colmbs as part of 53 00:03:32,120 --> 00:03:36,800 this enterprise, and these include sex trafficking and prostitution, as 54 00:03:36,840 --> 00:03:41,000 detailed under Counts two through five below. Combs allegedly coarse women, 55 00:03:41,280 --> 00:03:44,439 including his long term girlfriends, to engage in days long 56 00:03:44,520 --> 00:03:48,919 sexual performances with paid male escorts, events he called freak offs. 57 00:03:49,960 --> 00:03:53,479 Staff members helped arrange travel for these escorts, flying them 58 00:03:53,479 --> 00:03:57,800 across day lines, and stocking hotel rooms with supplies like 59 00:03:57,840 --> 00:04:02,000 baby oil, condoms, and drugs. In advance, jurors were shown 60 00:04:02,039 --> 00:04:05,080 about twenty minutes of video footage from these events with 61 00:04:05,199 --> 00:04:08,400 a courtroom closed to the public due to the graphic content. 62 00:04:09,319 --> 00:04:12,840 Prosecutors argued that these sex parties were not consensual fun, 63 00:04:13,199 --> 00:04:16,839 but rather acts as sex trafficking facilitated by colmb's employees 64 00:04:17,160 --> 00:04:22,759 and associates. One piece of the racketeering pattern kidnapping an assault. 65 00:04:23,399 --> 00:04:27,800 In dramatic testimony, Capricorn Clark, a former assistant, described how 66 00:04:27,839 --> 00:04:31,360 in late twenty eleven, Colmbs kidnapped her at gunpoint and 67 00:04:31,399 --> 00:04:34,480 force her to accompany him to rapper kid Cutty's house 68 00:04:34,519 --> 00:04:38,879 in Los Angeles. Colms was allegedly enraged that Cassie Ventura, 69 00:04:39,160 --> 00:04:42,079 his then girlfriend, had a brief romance with kid Cutty. 70 00:04:43,360 --> 00:04:47,199 An LAPD officer later confirmed that a black Cadillac Escalade 71 00:04:47,240 --> 00:04:50,959 registered to colmb's company, was seen fleeing Cutty's property after 72 00:04:51,040 --> 00:04:55,079 a reported break in. Clark testified that Colmes had a 73 00:04:55,120 --> 00:04:57,680 gun during the incident and that I feared if I 74 00:04:57,680 --> 00:05:00,480 didn't do what he said, I would be hurt. This 75 00:05:00,560 --> 00:05:05,279 alleged kidnapping not only illustrates the extreme intimidation within colmb's enterprise, 76 00:05:05,680 --> 00:05:09,240 but also serves as a standalone crime in furtherance of 77 00:05:09,279 --> 00:05:13,639 a racketeering scheme. Arson kid Cutty himself took to the 78 00:05:13,680 --> 00:05:17,120 stand in week two, testifying that, weeks after the break in, 79 00:05:17,439 --> 00:05:21,040 his sports car was firebombed in his driveway. A Los 80 00:05:21,079 --> 00:05:26,199 Angeles fire investigator told jurors the January twenty twelve blaze 81 00:05:26,240 --> 00:05:30,279 was caused by a lit makeshift firebomb a Molotov cocktail 82 00:05:30,639 --> 00:05:34,199 thrown into the car. Kid Cutty testified that he believed 83 00:05:34,199 --> 00:05:38,639 Colmbs was behind the arson attack, an allegation Colm's lawyers deny. 84 00:05:39,519 --> 00:05:42,560 While there's no video of Colm's lighting the fire, the 85 00:05:42,680 --> 00:05:46,680 circumstantial evidence the earlier break in by colmb's entourage, the 86 00:05:46,720 --> 00:05:50,920 targeted nature of the attack, and Colm's known jealousy suggests 87 00:05:50,920 --> 00:05:53,519 that this was an act of retaliation and terror. And 88 00:05:53,680 --> 00:05:57,600 that someone connected to a victim. If the jury credits this, 89 00:05:58,399 --> 00:06:02,360 the car fire serves another backeteering act Arson attributed to 90 00:06:02,360 --> 00:06:08,000 Colmbs's enterprise, bribery and obstruction. The prosecution has also highlighted 91 00:06:08,040 --> 00:06:12,360 how Colmbs allegedly paid off for intimidated individuals to conceal 92 00:06:12,439 --> 00:06:17,160 his misconduct, indicating a corrupt pattern of cover ups. For instance, 93 00:06:17,199 --> 00:06:21,240 Carrie Morgan, Cassie Ventura's former best friend, testified that after 94 00:06:21,279 --> 00:06:25,480 she witnessed Colmb's brutally assault Cassie in Jamaica, Colmbs tried 95 00:06:25,480 --> 00:06:27,920 to choke Morgan and hit her with a coat hanger, 96 00:06:28,240 --> 00:06:31,360 then later paid Morgan thirty thousand dollars in exchange for 97 00:06:31,399 --> 00:06:35,480 her silence a non disclosure deal. Morgan accepted the hush 98 00:06:35,519 --> 00:06:40,959 money and signed the confidentiality agreement, effectively burying the incident. Similarly, 99 00:06:41,079 --> 00:06:44,639 Cassie's mother, Regina Ventura, were counted an episode in twenty 100 00:06:44,680 --> 00:06:48,920 eleven where Combs threatened to release explicit sex videos to Cassie. 101 00:06:49,480 --> 00:06:52,959 In desperation, her family took out a loan and paid 102 00:06:53,000 --> 00:06:56,920 Combs twenty thousand dollars to stop them. Colmbs eventually returned 103 00:06:56,959 --> 00:06:59,879 the money, but only after the fear had been inflicted. 104 00:07:00,480 --> 00:07:04,959 Such incidents indicate bribery, extortion, and witness tampering, all in 105 00:07:05,079 --> 00:07:10,120 service of protecting Colm's reputation, exactly what the indictment alleges 106 00:07:10,160 --> 00:07:14,079 the enterprise was designed to do. Indeed, former Danity Kane 107 00:07:14,160 --> 00:07:17,839 singer Don Richard testified that after she and Cassie witness 108 00:07:17,920 --> 00:07:21,560 Calms attack Cassie in two thousand and nine, Colms warned 109 00:07:21,560 --> 00:07:23,839 them that where I come from, people go missing if 110 00:07:23,879 --> 00:07:26,959 they talk, and Richard understood this as a death threat 111 00:07:27,920 --> 00:07:31,319 to deter them from reporting them. These chilling words, followed 112 00:07:31,360 --> 00:07:34,519 by gestures like gifting the women flowers the next day, 113 00:07:34,959 --> 00:07:40,720 demonstrate classic racketeering behavior intimidation masked by hush payments or apologies, 114 00:07:41,079 --> 00:07:45,639 all to keep an illicit enterprise running in secret. Taken together, 115 00:07:45,720 --> 00:07:49,360 the prosecution's case for count one betrays Colmbs as the 116 00:07:49,480 --> 00:07:52,439 orchestrator of a criminal network that, for over a decade 117 00:07:52,519 --> 00:07:56,680 enabled him to sexually exploit and brutalize women while using 118 00:07:56,720 --> 00:08:01,000 fear and favors to avoid consequences, and the cumulative weight 119 00:08:01,360 --> 00:08:06,000 of the evidence is substantial. Multiple victims and insiders have 120 00:08:06,079 --> 00:08:10,000 given mutually reinforcing accounts the Colm's violence and the lengths 121 00:08:10,000 --> 00:08:13,199 that he went to to conceal it. The jury saw 122 00:08:13,279 --> 00:08:18,079 twenty sixteen surveillance video of Colmbs viciously kicking and dragging 123 00:08:18,120 --> 00:08:21,920 Cassie in a hotel hallway. They saw photographs of Cassie's 124 00:08:21,920 --> 00:08:25,480 injuries that her mother documented years ago, and even heard 125 00:08:25,519 --> 00:08:29,800 about Comb stockpiling firearms during a confrontation with rival Shug Night. 126 00:08:31,319 --> 00:08:34,200 Every piece is meant to convince jurors that these were 127 00:08:34,240 --> 00:08:38,159 not one off incidents or mere domestic disputes, but rather 128 00:08:38,320 --> 00:08:44,559 parts of an intentional pattern of criminal conduct, furthering Comb's aims. Now, 129 00:08:44,600 --> 00:08:47,600 what does the defense have to say about all this? Well, 130 00:08:47,679 --> 00:08:51,879 Colm's defense team, led by attorneys Tenny Garrigos and Mark Agnafilo, 131 00:08:52,279 --> 00:08:56,320 have countered the rico charge by arguing that prosecutors are overreaching, 132 00:08:56,919 --> 00:09:01,879 recasting private relationships and drama as a mafia style conspiracy. 133 00:09:02,600 --> 00:09:06,000 In her opening statement, Garrigos told the jury Sean Combs 134 00:09:06,320 --> 00:09:09,080 is a complicated man. He may have been a jerk, 135 00:09:09,440 --> 00:09:12,600 he may have indulged in kinky sex and even committed 136 00:09:12,600 --> 00:09:15,840 some domestic violence, but that doesn't make him a racketeer. 137 00:09:16,919 --> 00:09:20,360 The defense emphasizes that there was no broader criminal organization 138 00:09:20,440 --> 00:09:23,240 at work, and all the people around comes were salaried 139 00:09:23,279 --> 00:09:27,519 employees or willing friends, not co conspirators in a crime ring. 140 00:09:27,559 --> 00:09:31,519 They argue any illegal acts that occurred, in the defense's view, 141 00:09:31,919 --> 00:09:35,639 were isolated outbursts of personal misconduct, not part of an 142 00:09:35,639 --> 00:09:40,159 agreed criminal scheme, and to undermine the enterprise narrative. The 143 00:09:40,200 --> 00:09:44,799 defense lawyers have highlighted the Combs businesses are legitimate enterprises, 144 00:09:45,159 --> 00:09:48,600 a record label, a clothing line, etc. And not set 145 00:09:48,679 --> 00:09:52,399 up for crime. They cross examined witnesses like Don Richard 146 00:09:52,799 --> 00:09:57,320 about inconsistencies in their accounts, suggesting that some allegations have 147 00:09:57,440 --> 00:10:03,080 grown more extreme over time and motive by grudges. For example, Richard, 148 00:10:03,080 --> 00:10:06,279 the singer admitted she's suing Colmbs in her civil complaint, 149 00:10:06,639 --> 00:10:10,159 initially did not mention the presence of music executives like 150 00:10:10,240 --> 00:10:13,960 Usher and Jimmy Levine at a dinner where Holmes allegedly 151 00:10:14,039 --> 00:10:19,240 punched Cassie. The defense insinuated that Richard sensationalized her story 152 00:10:19,519 --> 00:10:23,000 by later adding famous names, a tactic to cast doubt 153 00:10:23,159 --> 00:10:28,519 on her credibility. Similarly, when former assistant Capricorn Clark testified 154 00:10:28,519 --> 00:10:33,080 about twenty eleven gunpoint kidnapping. Defence Council pointed out that 155 00:10:33,120 --> 00:10:36,000 the police report from that night made no mention of 156 00:10:36,080 --> 00:10:40,279 a firearm or a kidnapping. The incident was recorded simply 157 00:10:40,519 --> 00:10:43,879 as a trespassing at kid Cutty's home. By highlighting this, 158 00:10:43,960 --> 00:10:46,799 the defense implied that Clark's dramatic claim of a gun 159 00:10:47,120 --> 00:10:52,600 to her head might be exaggerated or uncorroborated by contemporaneous evidence. 160 00:10:53,480 --> 00:10:56,799 The defenses also stressed that many accusers remained in Colm's 161 00:10:56,879 --> 00:11:01,240 orbit for years even after the alleged abuse, which they 162 00:11:01,279 --> 00:11:05,639 suggest is inconsistent with being unwilling victims of a conspiracy. 163 00:11:06,679 --> 00:11:09,360 They noted that Cassie Ventura stayed in a relationship with 164 00:11:09,440 --> 00:11:13,519 Colmbs for eleven years two thousand and seven through twenty eighteen, 165 00:11:13,919 --> 00:11:17,360 and that another accuser I identified as Jane, continued dating 166 00:11:17,399 --> 00:11:21,279 Calms up until his arrest in twenty twenty four, and 167 00:11:21,399 --> 00:11:24,600 even still receives financial support from him. He pays her 168 00:11:24,639 --> 00:11:28,919 rent and her legal fees. Colm's lawyers argue that these 169 00:11:28,960 --> 00:11:33,840 were real relationships with love, jealousy, and voluntary participation, not 170 00:11:33,960 --> 00:11:38,480 hostages trapped by a criminal enterprise. Garrigos told the jury 171 00:11:38,679 --> 00:11:41,320 that the government is trying to turn those real life 172 00:11:41,320 --> 00:11:45,840 relationships into a racketeering case, and that the evidence will 173 00:11:45,879 --> 00:11:50,360 not show you a racketeer. In essence, for count one, 174 00:11:50,480 --> 00:11:53,120 the defense is urging jurors to see Colmbs as an 175 00:11:53,120 --> 00:11:57,039 imperfect individual, not an organized criminal. Yes, he had a 176 00:11:57,080 --> 00:12:00,879 temper and then extravagant lifestyle, but did he really conspire 177 00:12:00,919 --> 00:12:04,960 with his bodyguards and assistance to commit crimes or were 178 00:12:05,000 --> 00:12:08,559 those people simply doing their jobs in a sometimes chaotic 179 00:12:08,639 --> 00:12:13,039 celebrity world. The defense contends the latter, arguing that there 180 00:12:13,080 --> 00:12:15,559 was no formal agreement to break the law, just an 181 00:12:15,720 --> 00:12:20,399 entourage enabling a rich man's whims, which, however distasteful, is 182 00:12:20,440 --> 00:12:24,200 not the same as a rico conspiracy. They also question 183 00:12:24,320 --> 00:12:28,200 whether the government has proven com specific knowledge and intent 184 00:12:28,799 --> 00:12:32,039 regarding any crimes others might have committed on his behalf. 185 00:12:32,480 --> 00:12:35,679 For example, there's no direct evidence Combs ordered a car 186 00:12:35,720 --> 00:12:39,799 fire or explicitly told staff to bribe witnesses. These may 187 00:12:39,799 --> 00:12:45,320 be inferences, the defense notes. Any ambiguity or alternative explanation 188 00:12:45,679 --> 00:12:48,960 they will exploit to inject reasonable doubt. So what's the 189 00:12:49,080 --> 00:12:52,720 likely outcome? While thus far the prosecution appears to be 190 00:12:52,799 --> 00:12:57,039 making a powerful case on the Rico conspiracy count. They've 191 00:12:57,120 --> 00:13:01,080 checked the key boxes, evidence of an enterprise combs network 192 00:13:01,080 --> 00:13:04,279 of companies and loyal employees, and evidence of a pattern 193 00:13:04,320 --> 00:13:08,840 of racketeering acts multiple crimes like sex trafficking, kidnapping, arson, 194 00:13:09,679 --> 00:13:14,519 proven through witness testimony and corroborating documents and video. Under RICO, 195 00:13:14,600 --> 00:13:17,480 the jurors do not have to agree on every single 196 00:13:17,519 --> 00:13:20,720 alleged act, but they must unanimously find at least two 197 00:13:21,000 --> 00:13:25,639 predicate acts were committed in furtherance of the conspiracy. Given 198 00:13:25,679 --> 00:13:28,720 the trial evidence, there are many to choose from. For example, 199 00:13:28,799 --> 00:13:32,399 the jury could find that Calms conspired to commit sex 200 00:13:32,440 --> 00:13:36,200 trafficking and kidnapping, or arson and bribery, or sex trafficking 201 00:13:36,279 --> 00:13:40,080 and an obstruction, any combination of two or more. The 202 00:13:40,240 --> 00:13:44,279 stories from Cassie Ventura and Jane alone, if believed established 203 00:13:44,279 --> 00:13:48,120 sex trafficking and prostitution. Add to that the kid cutting incident, 204 00:13:48,200 --> 00:13:52,360 kidnapping and arson, and the hush payments bribery plus obstruction, 205 00:13:52,799 --> 00:13:56,080 and the prosecution has arguably exceeded the minimum number of 206 00:13:56,120 --> 00:14:01,240 acts required. As one legal expert noted, RICO is no 207 00:14:01,320 --> 00:14:05,519 longer reserved for mob bosses. It's been innovatively applied in 208 00:14:05,600 --> 00:14:08,240 cases like R and B singer R Kelly's trial for 209 00:14:08,279 --> 00:14:12,320 exploiting women and the Nexium Colt case. That said, the 210 00:14:12,399 --> 00:14:16,159 defense has planted some seeds of doubt. Reco conspiracy can 211 00:14:16,159 --> 00:14:19,879 be tricky for jurors if they view events as unconnected 212 00:14:20,000 --> 00:14:24,039 or purely personal. The defense portrayal of Colmb's conduct as 213 00:14:24,159 --> 00:14:28,799 non systematic, sporadic violence wild parties might resonate with jurors 214 00:14:29,200 --> 00:14:33,120 who hesitate to label a music entrepreneur a racketeering mobster. 215 00:14:34,039 --> 00:14:37,679 The jury will receive detailed instructions on rico legal elements, 216 00:14:38,039 --> 00:14:41,840 including that Colms must have willfully agreed to a criminal 217 00:14:41,879 --> 00:14:45,559 scheme with others. If even one juror thinks the prosecution 218 00:14:46,159 --> 00:14:50,960 is criminalizing emoral but non conspiratorial behavior, they could hang 219 00:14:51,279 --> 00:14:55,600 or a quit on count one. However, objectively weighing the evidence, 220 00:14:55,840 --> 00:15:00,679 the prosecution's narrative appears cohesive and corroborated. They have shown 221 00:15:00,720 --> 00:15:04,000 Colms relied on others to facilitate and cover up his abuses, 222 00:15:04,360 --> 00:15:08,840 which is precisely how a racketeering enterprise operates. Even though 223 00:15:08,840 --> 00:15:11,440 only Combs is on trial, the law allows the jury 224 00:15:11,639 --> 00:15:16,000 to conclude he conspired with unnamed or unindicted associates, and 225 00:15:16,120 --> 00:15:20,120 many of those associates essentially confessed on the stand, some 226 00:15:20,279 --> 00:15:25,960 admitted to participating in crimes under immunity deals. Federal RICO 227 00:15:26,039 --> 00:15:31,679 cases are notoriously successful. From twenty eighteen to twenty twenty two, 228 00:15:32,120 --> 00:15:35,440 the conviction rate for cases with RICO as a lead 229 00:15:35,519 --> 00:15:40,759 charge was over ninety seven percent. While statistics are in destiny, 230 00:15:41,080 --> 00:15:43,799 it speaks to how compelling these cases can be when 231 00:15:43,840 --> 00:15:46,519 the evidence of a pattern is strong. So what's the 232 00:15:46,639 --> 00:15:50,240 likelihood of a conviction? Well, I'd say that the likelihood 233 00:15:50,759 --> 00:15:55,080 is moderately high. If the jurors believe the prosecution witnesses, 234 00:15:55,320 --> 00:15:58,240 they have ample evidence of at least two predicate crimes 235 00:15:58,279 --> 00:16:03,039 committed through colmb's business that works satisfying rico's core requirements. 236 00:16:03,559 --> 00:16:06,120 The sheer number of incidents and the gravity of them 237 00:16:06,440 --> 00:16:09,240 make it likely the jury will find a pattern rather 238 00:16:09,320 --> 00:16:13,080 than random incidents. The defense best hope is to convince 239 00:16:13,159 --> 00:16:17,399 jurors that these were just toxic relationships, not an organized 240 00:16:17,440 --> 00:16:21,879 criminal agreement. It's possible one or two jurors might sympathize 241 00:16:21,879 --> 00:16:25,159 with the arguments that RICO is overkill in this context, 242 00:16:25,519 --> 00:16:29,360 but given the testimony of multiple insiders and victims, all 243 00:16:29,399 --> 00:16:33,360 describing as similar mo the scales tipped toward the prosecution. 244 00:16:34,399 --> 00:16:38,279 In some Calms faces serious risk of conviction on the 245 00:16:38,360 --> 00:16:42,440 racketeering conspiracy count if the jury connects the dots as 246 00:16:42,519 --> 00:16:45,879 prosecutors have laid them out, all right, So that's going 247 00:16:45,960 --> 00:16:48,519 to do it for the first part of this series. 248 00:16:48,960 --> 00:16:50,879 In the next episode, we're going to take a look 249 00:16:51,080 --> 00:16:54,559 at count two. All of the information that goes with 250 00:16:54,639 --> 00:16:59,120 this episode can be found in the description box. What's up, everyone, 251 00:16:59,200 --> 00:17:02,799 and welcome to an episode of The Diddy Diaries. In 252 00:17:02,840 --> 00:17:05,680 this episode, we're picking up where we left off, taking 253 00:17:05,680 --> 00:17:09,000 a look at where things currently stand. Now that the 254 00:17:09,039 --> 00:17:13,920 prosecution is pretty close to wrapping up, so let's get 255 00:17:14,000 --> 00:17:17,920 right back to it. Count two Sex Trafficking by force, 256 00:17:18,039 --> 00:17:24,160 fraud or a coercion victim one Cassandra Cassie Ventura. Count 257 00:17:24,200 --> 00:17:27,480 two charges Calms with sex trafficking by force, fraud, or 258 00:17:27,640 --> 00:17:32,119 coercion in relation to an identified victim victim one. This 259 00:17:32,200 --> 00:17:36,279 falls under federal anti trafficking laws US Code eighteen, section 260 00:17:36,640 --> 00:17:41,599 fifteen ninety one, which makes it a crime to recruit, entice, transport, provide, 261 00:17:41,920 --> 00:17:44,920 or maintain a person for a commercial sex act through 262 00:17:44,920 --> 00:17:50,160 the use of force, threats, lies, or other forms of coercion. Importantly, 263 00:17:50,400 --> 00:17:53,640 a commercial sex act means any sex act donning in 264 00:17:53,759 --> 00:17:57,559 exchange for something of value. It doesn't require traditional pimping 265 00:17:57,960 --> 00:18:01,039 or a monetary profit by the trafficker, as long as 266 00:18:01,079 --> 00:18:04,680 someone's being made to engage in sexual acts under coercion 267 00:18:05,200 --> 00:18:10,319 for another's benefit. In plan language, prosecutors alleged Colmbs forced 268 00:18:10,359 --> 00:18:14,720 Cassie Ventura, his longtime girlfriend and protege, to engage in 269 00:18:14,759 --> 00:18:19,200 sexual activities with others, specifically in the notorious freak Off parties, 270 00:18:19,599 --> 00:18:23,039 involving mal sex workers against her will and by leveraging 271 00:18:23,079 --> 00:18:27,000 his power over her. The presence of paid mal sex 272 00:18:27,000 --> 00:18:30,759 workers and the elaborate planning of these encounters give them 273 00:18:30,759 --> 00:18:34,039 a commercial element, even though Cassie herself was not paid. 274 00:18:34,519 --> 00:18:37,440 In fact, Colmes was typically the one paying the escorts. 275 00:18:38,559 --> 00:18:42,599 If proven, this count carries severe penalties. Sex trafficking by 276 00:18:42,680 --> 00:18:46,559 force or coercion can result in decades in prison up 277 00:18:46,599 --> 00:18:50,359 to life, with a mandatory minimum of fifteen years on 278 00:18:50,400 --> 00:18:55,160 each count in many cases. So what's the evidence. Well, 279 00:18:55,240 --> 00:18:58,799 the prosecution star witness for this count was Cassie Ventura, 280 00:18:59,359 --> 00:19:02,240 the r and BC, who dated Colms on and off 281 00:19:02,279 --> 00:19:05,559 for eleven years, and whose twenty twenty three civil lawsuit 282 00:19:05,920 --> 00:19:10,480 first blew the lid off these allegations. Cassie testified over 283 00:19:10,559 --> 00:19:13,559 four days in the trial's first week, delivering a harrowing 284 00:19:13,640 --> 00:19:17,680 account of how Colmbs allegedly coerced and terrorized her into 285 00:19:17,720 --> 00:19:23,200 participating in freak coughs and other sexual degradation. She painted 286 00:19:23,240 --> 00:19:26,559 a picture of a young woman swept into a glamorous 287 00:19:26,599 --> 00:19:29,319 world of music and wealth, only to be trapped in 288 00:19:29,359 --> 00:19:34,359 an abusive relationship that steadily eroded her agency freak offs 289 00:19:34,359 --> 00:19:38,680 and coerce sexual acts. Cassie reccounted how Calmbs would stage 290 00:19:38,759 --> 00:19:42,200 multi day sex parties, which he said started as threesomes 291 00:19:42,680 --> 00:19:45,920 or a group sex to please them, but evolved into 292 00:19:45,960 --> 00:19:49,400 something she felt compelled to do out of fear and pressure. 293 00:19:50,079 --> 00:19:54,720 These events typically involved male prostitutes, strippers, or escorts who 294 00:19:54,759 --> 00:19:58,720 were hired to perform sex acts with Cassie while Combs watched, directed, 295 00:19:59,039 --> 00:20:03,640 and often filled or masturbated during the encounter. Cassie testified that, 296 00:20:03,680 --> 00:20:06,519 at Colmb's direction, she took part in these lurid shows 297 00:20:06,519 --> 00:20:11,720 against her better judgment, sometimes disassociating by using drugs he 298 00:20:11,759 --> 00:20:15,720 provided in order to endure the encounters. Jurors heard that 299 00:20:15,759 --> 00:20:18,440 these freak COFs could last for days and were frequently 300 00:20:18,480 --> 00:20:22,599 fueled by alcohol and cocaine, often supplied by Colmbs himself 301 00:20:22,799 --> 00:20:26,880 to lower inhibitions. Critically, Cassie said she initially went along 302 00:20:26,920 --> 00:20:29,839 with some of these encounters voluntarily or out of love 303 00:20:30,480 --> 00:20:33,559 in the very early stage of the relationship, but as 304 00:20:33,559 --> 00:20:37,799 Colmbs became more controlling and violent, her participation was no 305 00:20:37,880 --> 00:20:42,839 longer truly voluntary. It was demanded. She testified that Colmbs 306 00:20:42,880 --> 00:20:47,319 explicitly blackmailed her into continuing. He threatened to expose embarrassing 307 00:20:47,319 --> 00:20:50,440 footage from her past freak off sessions if she refused 308 00:20:50,480 --> 00:20:53,799 to do more. In one instance, Cassie told the Jerry 309 00:20:53,839 --> 00:20:56,720 Combs forced her into a freak cough on her twenty 310 00:20:56,799 --> 00:20:59,960 ninth birthday, which she desperately did not want to do, 311 00:21:00,960 --> 00:21:04,400 and he enlisted her friend, the stylist named Deontay Nash, 312 00:21:04,480 --> 00:21:08,200 to help persuade her and arrange it. Nash later testified 313 00:21:08,200 --> 00:21:11,559 that Cassie confided in him about Colm's making her participate 314 00:21:11,559 --> 00:21:15,839 in that encounter. This evidence undercuts any notion that Cassie 315 00:21:16,160 --> 00:21:19,960 saw these orgies as harmless fun. Rather, she felt cornered 316 00:21:20,240 --> 00:21:26,400 by Colmb's demands. The prosecution buttress Cassie's testimony with corroboration 317 00:21:26,559 --> 00:21:30,759 from others male escort the punisher Hayes testified that he 318 00:21:30,880 --> 00:21:33,680 was hired about a dozen times to perform in freak 319 00:21:33,720 --> 00:21:37,680 offs with Cassie. He described in detail how these sessions 320 00:21:37,680 --> 00:21:40,720 were set up, Cassie instructing him to come over to 321 00:21:40,799 --> 00:21:43,680 a dimly lit hotel room with bulls of baby oil, 322 00:21:44,039 --> 00:21:49,720 Colmbs observing silently with a veiled face. Hayes confirmed that 323 00:21:49,759 --> 00:21:52,759 Colmbs paid them twelve hundred to two thousand each time 324 00:21:53,039 --> 00:21:57,839 for the sexual performances. This establishes the commercial aspect money 325 00:21:57,880 --> 00:22:01,720 exchange for sex acts, and hayes account largely matched Cassie's 326 00:22:02,279 --> 00:22:07,119 aside from some differences in perception. Notably, hayesaid Cassie appeared 327 00:22:07,119 --> 00:22:10,640 comfortable at points during the encounters, though he did notice 328 00:22:10,640 --> 00:22:15,400 her flinch at some of Comb's more domineering instructions. The 329 00:22:15,440 --> 00:22:19,640 prosecution acknowledged this on cross, but emphasized that Cassie's apparent 330 00:22:19,680 --> 00:22:25,279 compliance was itself a survival tactic violence and threats of 331 00:22:25,319 --> 00:22:29,160 coercion to prove force or coercion. The prosecution presented an 332 00:22:29,160 --> 00:22:33,559 abundant evidence of Colmbs physical abuse and threats towards Cassie, 333 00:22:34,119 --> 00:22:38,720 often directly linked to sexual control. Cassie testified that Colmbs 334 00:22:38,799 --> 00:22:42,680 was frequently violent. He beat her on many occasions, instilling 335 00:22:42,759 --> 00:22:46,839 in her a constant fear. One particularly brutal incident was 336 00:22:46,839 --> 00:22:51,279 captured on security camera. In twenty sixteen. Jurors saw footage 337 00:22:51,279 --> 00:22:55,319 of Combs in a Los Angeles hotel hallway pouncing on Cassie, 338 00:22:55,519 --> 00:22:59,559 kicking her and dragging her by her hair. Cassie testified 339 00:22:59,599 --> 00:23:02,599 this attack was sparked by her attempting to leave a party. 340 00:23:03,119 --> 00:23:08,039 Beyond physical assaults, Cassie described psychological coercion. Colms tightly controlled 341 00:23:08,039 --> 00:23:11,759 her life. He paid for her housing, managed her music career, 342 00:23:11,960 --> 00:23:14,079 and made it clear that he doesn't take no for 343 00:23:14,119 --> 00:23:18,119 an answer, and she felt utterly dependent on him. Cassie 344 00:23:18,160 --> 00:23:21,640 testified that Colmbs leveraged this power to make her acquiesce 345 00:23:21,680 --> 00:23:26,480 to sexual demands, for instance, dangling career opportunities or threatening 346 00:23:26,519 --> 00:23:30,359 to cut off support if she disobeyed. The jury saw 347 00:23:30,359 --> 00:23:33,440 an email Cassie wrote in late twenty eleven in which 348 00:23:33,440 --> 00:23:35,799 he told her mother that Colmbs was threatening to release 349 00:23:35,839 --> 00:23:39,000 her sex tapes. Her mother confirmed they paid twenty k 350 00:23:39,440 --> 00:23:43,279 in fear. This is potent evidence of blackmail as coercion. 351 00:23:44,079 --> 00:23:47,599 Cassie also revealed that after she finally left him for 352 00:23:47,640 --> 00:23:51,839 good in twenty eighteen, Colms retaliated by raping her in 353 00:23:51,920 --> 00:23:55,519 her own home, an allegation that, while not separately charged here, 354 00:23:56,079 --> 00:24:00,000 underscores the extent of control and force he exerted. Meanwhile, 355 00:24:00,000 --> 00:24:03,880 while other witnesses bolstered Cassie's claims a coercion carry Morgan, 356 00:24:03,960 --> 00:24:08,000 Cassie's former friend, testified she personally witnessed colmb's attack Cassie 357 00:24:08,160 --> 00:24:11,359 at least twice, once seeing him drag Cassie on the 358 00:24:11,359 --> 00:24:14,400 floor by her hair, and another time when he nearly 359 00:24:14,440 --> 00:24:18,000 broke down a door while Cassie hid from him. Morgan's 360 00:24:18,039 --> 00:24:22,079 testimony showed how terrified Cassie was in colmb's presence, which 361 00:24:22,079 --> 00:24:26,200 supports that Cassie would comply with his demands out of fear. Moreover, 362 00:24:26,319 --> 00:24:29,759 Morgan's account that Colmb's later paid her thirty thousand to 363 00:24:29,799 --> 00:24:33,720 stay silent about an assault demonstrates colmb's consciousness of guilt 364 00:24:33,960 --> 00:24:36,400 and the lengths that he went to prevent Cassie's abuse 365 00:24:36,680 --> 00:24:40,319 from coming to light, reinforcing the course of environment in 366 00:24:40,440 --> 00:24:44,920 which Cassie lived in some For count two, the prosecution 367 00:24:45,599 --> 00:24:49,759 has presented Cassie's full lark from a consensual relationship to 368 00:24:49,839 --> 00:24:54,039 a situation of sexual servitude maintained by violence and intimidation. 369 00:24:54,839 --> 00:25:01,119 They have tangible evidence, video texts, payments, and multiple witnesses, friends, families, employee, 370 00:25:01,359 --> 00:25:06,279 even an independent sex worker corroborating key aspects. All of 371 00:25:06,279 --> 00:25:09,559 this is designed to leave no doubt that Cassie never 372 00:25:09,640 --> 00:25:13,960 freely consented to the extreme sexual conduct calms imposed on her, 373 00:25:14,400 --> 00:25:19,039 satisfying the force, fraud, or coercion element of sex trafficking, 374 00:25:19,920 --> 00:25:24,079 and legally speaking, even if Cassie initially consented to some acts, 375 00:25:24,240 --> 00:25:27,559 the law recognizes that consent obtained through fear or a 376 00:25:27,599 --> 00:25:30,880 pattern of abuse is not valid. So what was the 377 00:25:30,920 --> 00:25:35,119 defense's rebuttal? Well, the defense is fought back hard on 378 00:25:35,160 --> 00:25:38,319 this count, trying to blur the line between consent and 379 00:25:38,440 --> 00:25:43,480 coercion in Cassie's story. Their strategy has been twofold one, 380 00:25:43,640 --> 00:25:46,519 portray the free Coughs as part of a consensual, kinky 381 00:25:46,599 --> 00:25:50,480 lifestyle that Cassie willingly engaged in at least until the 382 00:25:50,559 --> 00:25:55,160 relationships houred, and to attack Cassie's credibility and motives by 383 00:25:55,240 --> 00:26:00,400 highlighting instances of her continued affection or financial demands. And 384 00:26:00,480 --> 00:26:04,319 to support this narrative of consensual roleplay, the defense elicited 385 00:26:04,359 --> 00:26:08,319 testimony and evidence, and at times Cassie herself appeared to 386 00:26:08,359 --> 00:26:13,160 initiate or enjoy the sexual encounters. They pointed to messages 387 00:26:13,359 --> 00:26:17,079 and even video snippets where Cassie used positive language about 388 00:26:17,119 --> 00:26:20,680 freak offs. In one video clip played in court without sound, 389 00:26:20,799 --> 00:26:23,799 Cassie was seen telling Colmbs, I'm always ready for a 390 00:26:23,799 --> 00:26:27,200 freak off, and then another I love our freak offs 391 00:26:27,279 --> 00:26:30,759 when we both want it. The defense argues these recordings, 392 00:26:30,880 --> 00:26:35,279 which Colmbs often made of their encounters, show Cassie as 393 00:26:35,359 --> 00:26:40,200 an enthusiastic participant, not a victim, and Diddy's defense hammered 394 00:26:40,240 --> 00:26:44,359 this point in cross examination, asking Cassie why she would 395 00:26:44,400 --> 00:26:47,079 ever say she loved freak offs if she was being forced. 396 00:26:47,440 --> 00:26:51,079 Cassie explained that she said what Colmes wanted to hear. Effectively, 397 00:26:51,160 --> 00:26:54,519 she was conditioned to appease them, which the defense dismissed 398 00:26:54,519 --> 00:26:59,279 as convenient hindsight. The defense also highlighted the testimony of 399 00:26:59,440 --> 00:27:03,440 Escort Hayes, who, as noted, observed that Cassie did not 400 00:27:03,559 --> 00:27:07,960 always show distress during the freak off sessions. Hey said 401 00:27:08,000 --> 00:27:12,160 Cassie sometimes appeared comfortable or at least not overtly reluctant, 402 00:27:12,519 --> 00:27:16,960 aside from some flinching at Comb's commands. Defense Council seized 403 00:27:17,000 --> 00:27:20,599 on this, suggesting that Cassie was an active collaborator in 404 00:27:20,640 --> 00:27:24,759 a consensual fetish scene. They argued that Combs and Cassie 405 00:27:24,839 --> 00:27:28,400 essentially had a swinger's lifestyle or a form a consensual 406 00:27:28,440 --> 00:27:32,480 non monogamy with powerplay elements, and that the government is 407 00:27:32,559 --> 00:27:36,880 unfairly criminalizing it. In their view, calling these sex parties 408 00:27:36,920 --> 00:27:40,720 trafficking is a stretch, and no one was sold to strangers. Rather, 409 00:27:40,799 --> 00:27:44,960 it was Colmb's private sexual preference to involve others, and 410 00:27:45,039 --> 00:27:49,839 Cassie agreed, perhaps reluctantly at times, but agreement, nonetheless is 411 00:27:49,880 --> 00:27:54,559 the defense narrative To erode Cassie's betrayal of coercion. The 412 00:27:54,640 --> 00:27:58,319 defense zeroed in on our prolonged relationship and financial dealings 413 00:27:58,319 --> 00:28:01,400 with Combs. There were mid to jurors that Cassie stayed 414 00:28:01,400 --> 00:28:05,160 by Comb's side for over a decade. Rarely seeking outside help. 415 00:28:05,839 --> 00:28:08,759 If he was truly trafficking her, why didn't she leave sooner? 416 00:28:09,200 --> 00:28:12,680 Is the implication, though victim advocates would readily answer that 417 00:28:12,839 --> 00:28:17,640 long term abuse often traps victims psychologically. The defense also 418 00:28:17,680 --> 00:28:21,720 suggested Cassie's testimony might be influenced by money. She sued 419 00:28:21,720 --> 00:28:25,359 Colms for thirty million in late twenty twenty three, alleging 420 00:28:25,400 --> 00:28:29,559 similar facts, and settled the lawsuit for an undisclosed sum 421 00:28:29,759 --> 00:28:34,359 within a day. Garri Goos argued that Cassie's initial approach 422 00:28:34,720 --> 00:28:37,319 was essentially an attempt to get a huge payout, and 423 00:28:37,440 --> 00:28:40,759 only when Combs didn't pay what she wanted did she 424 00:28:40,839 --> 00:28:45,160 cooperate with prosecutors. They floated that cassie civil suit and 425 00:28:45,279 --> 00:28:48,759 others like it created pressure on Combs, and these criminal 426 00:28:48,839 --> 00:28:53,119 charges or an extension of that strategy. Furthermore, the defense 427 00:28:53,200 --> 00:28:56,279 highlighted Cassie's lack of outcry to authorities at the time 428 00:28:56,559 --> 00:28:59,240 of the alleged trafficking. They made much of the fact 429 00:28:59,240 --> 00:29:04,240 that Cassie often arranged malparticipants herself, texting or coordinating with 430 00:29:04,400 --> 00:29:07,799 escorts like Hayes, and that she never told police or 431 00:29:07,839 --> 00:29:11,319 even close friends that she was being forced until years later. 432 00:29:12,119 --> 00:29:16,079 When cross examining Cassie and other witnesses, defense lawyers implied 433 00:29:16,119 --> 00:29:18,960 that Cassie had agency and could say no if she wanted, 434 00:29:19,640 --> 00:29:22,759 pointing to instances where Cassie did in fact push back, 435 00:29:23,480 --> 00:29:26,480 for example, evidence that Cassie had an affair with someone 436 00:29:26,480 --> 00:29:30,680 else or eventually left Combs, indicating she wasn't completely under 437 00:29:30,680 --> 00:29:35,960 his control. They characterized the dynamic as possibly toxic and unhealthy, 438 00:29:36,480 --> 00:29:39,960 but not meeting the legal definition of sex trafficking, which 439 00:29:40,000 --> 00:29:46,160 requires coercion beyond typical relationship pressure. Finally, the defense has 440 00:29:46,200 --> 00:29:49,799 tried to separate Colmb's violent episodes from the sexual context. 441 00:29:50,119 --> 00:29:54,160 They conceded Colmbs had violent outbursts fueled by jealousy or drugs, 442 00:29:54,440 --> 00:29:57,640 but they argue those incidents e g. The hotel hallway 443 00:29:57,680 --> 00:30:01,640 attack were incidents of domestic VIE violence, unrelated to any 444 00:30:01,680 --> 00:30:05,920 free cough or sexual demand at the moment. In other words, yes, 445 00:30:05,960 --> 00:30:08,799 he beat her, but not necessarily to make or participate 446 00:30:09,039 --> 00:30:12,200 in a commercial sex act. Right then, this is a 447 00:30:12,240 --> 00:30:16,480 subtle legal point. The statute requires the force and coercion 448 00:30:16,559 --> 00:30:19,720 be used to cause the victim to engage in a 449 00:30:19,759 --> 00:30:23,599 commercial sex act. The defense might argue that some violence 450 00:30:23,680 --> 00:30:27,799 was just random domestic fights, not instrumental to forcing frea coughs. 451 00:30:29,079 --> 00:30:32,559 They want the jurors to compartmentalize the violence as separate 452 00:30:32,599 --> 00:30:36,160 from the sex, thereby undermining the trafficking charge even if 453 00:30:36,160 --> 00:30:40,960 they think Colmbs was abusive. So what's the likelihood of 454 00:30:41,000 --> 00:30:45,559 a conviction on this count? Count number two? Well, the 455 00:30:45,559 --> 00:30:48,400 core question for the jury on this count is did 456 00:30:48,440 --> 00:30:51,759 Colmbs cause Cassie to engage in sexual acts with the 457 00:30:51,839 --> 00:30:55,880 hired men through force, threats or coercion? Based on six 458 00:30:55,920 --> 00:30:59,720 weeks of evidence, the prosecution has a strong factual case 459 00:30:59,759 --> 00:31:03,400 that he did. They have shown that Cassie's participation was 460 00:31:03,440 --> 00:31:07,079 far from freely given. She was beaten, frightened, and blackmailed 461 00:31:07,279 --> 00:31:12,000 into sexual situations for Colmbs gratification. The law does not 462 00:31:12,039 --> 00:31:15,599 require that she be tied up or locked away. Psychological 463 00:31:15,599 --> 00:31:20,119 domination and fear count as coercion. Cassie's testimony that she 464 00:31:20,160 --> 00:31:23,039 felt obligated and did things out of fear of losing 465 00:31:23,079 --> 00:31:27,519 support or being physically harmed fits squarely within the statute scope. 466 00:31:28,079 --> 00:31:31,279 In fact, her story is textbook for how traffickers often 467 00:31:31,319 --> 00:31:35,279 control victims using a mix of love, fear, and dependency. 468 00:31:36,200 --> 00:31:39,599 The inclusion of paid male escorts in these encounters gives 469 00:31:39,640 --> 00:31:43,960 the jury a clear commercial aspect. Colmes was essentially using 470 00:31:44,000 --> 00:31:47,240 Cassie as a performer and a sexual show for which 471 00:31:47,240 --> 00:31:51,039 he paid others, fulfilling the commercial sex act element. It's 472 00:31:51,079 --> 00:31:54,319 irrelevant that Colmbs himself didn't make money from it. The 473 00:31:54,440 --> 00:31:58,359 law only cares that something of value was exchanged here, 474 00:31:58,720 --> 00:32:02,839 money to the escorts while the victim was coerced. Even 475 00:32:02,880 --> 00:32:07,039 the defense acknowledges money was involved, they just dispute the coercion. 476 00:32:08,359 --> 00:32:11,519 One challenge for the prosecution is the nuanced nature of 477 00:32:11,599 --> 00:32:15,799 consent and long term abuse of relationships. The defense has 478 00:32:15,839 --> 00:32:18,720 tried to exploit the fact that Cassie sometimes seemed to 479 00:32:18,759 --> 00:32:23,599 consent or at least complied without open resistance, but legally 480 00:32:23,720 --> 00:32:27,640 consent obtained under duress is not valid. The jurors will 481 00:32:27,640 --> 00:32:31,480 be instructed that if they find Comb's use of force 482 00:32:31,680 --> 00:32:35,319 or threats left Cassie with no reasonable ability to refuse, 483 00:32:35,799 --> 00:32:39,160 then the sex acts that followed were by force or coercion, 484 00:32:39,559 --> 00:32:44,640 regardless of whether she outwardly said yes or participated nominally. 485 00:32:46,240 --> 00:32:49,680 Cassie's own explanation that she would appease Comb's and even 486 00:32:49,680 --> 00:32:53,839 express enjoyment to avoid angering him is consistent without victims behave, 487 00:32:54,200 --> 00:32:59,000 but jurors must grasp that dynamic. So far, the prosecution 488 00:32:59,119 --> 00:33:04,400 is provided multiple independent witnesses to corroborate Cassie's coercion, making 489 00:33:04,400 --> 00:33:08,400 her account highly credible. Her mother's testimony about the sex 490 00:33:08,440 --> 00:33:12,440 tape threat and the twenty thousand dollars payment is particularly damning. 491 00:33:13,480 --> 00:33:16,160 It's hard to view that as anything but explicit blackmail 492 00:33:16,240 --> 00:33:20,240 to force compliance, which is exactly what sex trafficking coersion 493 00:33:20,279 --> 00:33:25,759 looks like. Likewise, the graphic video of violence speaks volumes. 494 00:33:26,240 --> 00:33:30,000 The defense counter that these were consensual kinks seems thin 495 00:33:30,400 --> 00:33:33,519 in the face of hospital photos of bruises and emails 496 00:33:33,559 --> 00:33:37,359 begging them to stop blackmailing her. And considering all of this, 497 00:33:37,519 --> 00:33:40,720 the likelihood of a conviction on count two, in my opinion, 498 00:33:40,960 --> 00:33:45,920 is very high because, barring an unexpected turn, the prosecution 499 00:33:46,000 --> 00:33:48,640 appears to have met its burden of proof on this count. 500 00:33:49,079 --> 00:33:54,559 Cassie's testimony, supported by others, established all elements Combs recruited 501 00:33:54,640 --> 00:33:57,519 and provided her for sex acts with others. Those acts 502 00:33:57,519 --> 00:34:00,759 involved payments to escorts, a commercial sex act, and he 503 00:34:00,799 --> 00:34:05,519 achieved her participation through a pattern of physical and psychological coercion. 504 00:34:06,880 --> 00:34:10,280 The defense succeeded in showing that Cassie had complicated feelings 505 00:34:10,800 --> 00:34:13,920 and sometimes went along with Colmbs, but that is not 506 00:34:14,000 --> 00:34:16,920 a legal defense to trafficking. If the jury believed she 507 00:34:16,960 --> 00:34:21,360 couldn't genuinely refuse, given the evidence of threats and violence, 508 00:34:21,639 --> 00:34:24,119 it would be reasonable for the jury to conclude she 509 00:34:24,239 --> 00:34:28,960 was under duress. One caveat, though, jurors might struggle emotionally 510 00:34:29,000 --> 00:34:32,239 with labeling what happened to Cassie as sex trafficking, since 511 00:34:32,280 --> 00:34:36,199 the term conjures images of strangers or kidnapping, not a 512 00:34:36,239 --> 00:34:39,760 famous couple's private life. The defense is played to that 513 00:34:39,880 --> 00:34:42,760 by calling it a lifestyle, and it only takes one 514 00:34:42,880 --> 00:34:46,239 juror to buy into the it was kinky but consensual 515 00:34:46,320 --> 00:34:50,239 narrative to hang the count. However, it's more likely that 516 00:34:50,280 --> 00:34:53,719 the majority of jurors will empathize with Cassie as a 517 00:34:53,760 --> 00:34:58,079 victim who was effectively enslaved. In this context. In federal 518 00:34:58,079 --> 00:35:01,920 trafficking cases, especially with evidence into strong convictions, are common. 519 00:35:02,760 --> 00:35:05,559 If the jurors follow the judge's instruction on the law, 520 00:35:05,880 --> 00:35:09,239 they should find that the prosecution proved calms use force 521 00:35:09,599 --> 00:35:13,400 and coercion to make Cassie engage in commercial sex acts, 522 00:35:13,639 --> 00:35:17,639 which is exactly what Count two alleges. All Right, we're 523 00:35:17,639 --> 00:35:19,840 gonna wrap up right here, and in the next episode 524 00:35:19,840 --> 00:35:22,440 we're gonna pick up with Count three. All of the 525 00:35:22,480 --> 00:35:25,519 information that goes with this episode can be found in 526 00:35:25,599 --> 00:35:26,559 the description box.