WEBVTT - Interview Only: Stephen A reacts to Attorney Ryan Smith stating Diddy's attorney catching a major error, trial, and staring at the jury.  

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<v Speaker 1>Now let's get to the latest on the federal sex

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<v Speaker 1>trafficking and racketeering trial of Seawan Diddy Combs, a Diddy

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<v Speaker 1>ex girlfriend. The latest using the pseudonym Jane, was back

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<v Speaker 1>on the stand today. She described the drug fueled sexual

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<v Speaker 1>parties called hotel nights she endured during her relationship with

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<v Speaker 1>Seawan Diddy Combs. Jane says she felt pressure to have

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<v Speaker 1>sex with other men. Chosho broke down in sobs as

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<v Speaker 1>she recalled getting to spend time alone with Combs.

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<v Speaker 2>Afterwards, and just yesterday, the judge.

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<v Speaker 1>Threatened to exclude Combs from court if he kept trying

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<v Speaker 1>to interact with the jury. Combs was seen nodding in

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<v Speaker 1>the jury's direction during the testimony of a woman who

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<v Speaker 1>said Combs dangled her over a balcony railing in twenty sixteen.

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<v Speaker 1>During that testimony, it was revealed that Combs was actually

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<v Speaker 1>in New York during the Bad Boy Reunion tour at

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<v Speaker 1>the time she claimed the incident happened. Joining me to

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<v Speaker 1>discuss the latest the Diddy trials is one of the

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<v Speaker 1>best legal minds in America as far as I'm concerned.

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<v Speaker 1>Legal analysts Destraordan there for ABC News obviously host sports

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<v Speaker 1>and on ESPN as well.

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<v Speaker 2>My buddy, the one and only, Ryan Smith. What's up, man?

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<v Speaker 2>How are you? Hey?

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<v Speaker 3>Man, good to talk to you. How you doing.

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<v Speaker 2>Let's get right to it. I'm good man.

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<v Speaker 1>It's just that, it's it's just crazy to meet all

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<v Speaker 1>of this Didney stuff. We just keep hearing more and

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<v Speaker 1>more stuff. It's hard to listen to, to be honest

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<v Speaker 1>with you, but what do you make of the testimony

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<v Speaker 1>of the witnesses who says she was dangled over the

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<v Speaker 1>balcony of her apartment. How incriminating is that against Diddy?

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<v Speaker 4>Yeah, Banna, that's really important for the prosecution's case. Why

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<v Speaker 4>even though she wasn't somebody who said she was assaulted

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<v Speaker 4>by him sexually?

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<v Speaker 3>This shows the.

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<v Speaker 4>Four the violent endencies that the prosecution is saying Diddy

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<v Speaker 4>has that this is what women were afraid of, that

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<v Speaker 4>this is why people had that he had this threat

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<v Speaker 4>of violence held over people. Because when you look at

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<v Speaker 4>it from the prosecution's eyes, if he could dangle somebody

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<v Speaker 4>off a balcony, imagine him what he might have threatened

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<v Speaker 4>to do the Cassie if she didn't engage in the

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<v Speaker 4>free costs or to Jane with what she's talking about

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<v Speaker 4>with the hotel nights. Showing that and showing what happened

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<v Speaker 4>for the prosecution is like saying, this is how dangerous

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<v Speaker 4>this man is.

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<v Speaker 1>When you judge threatened to remove him and exclude him

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<v Speaker 1>from trial because he thought his facial expressions and whatever

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<v Speaker 1>you were influencing the jury. How big of a deal

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<v Speaker 1>is that, if it is a big deal at all.

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<v Speaker 4>Yeah, I think that's huge because if the jury walks

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<v Speaker 4>in one day and they don't see Diddy there, they

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<v Speaker 4>wonder why, and they can't necessarily be told why, or

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<v Speaker 4>the judge will give them an instruction but won't maybe

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<v Speaker 4>not tell them all the details. But it goes to

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<v Speaker 4>if you're on that jury, you're thinking, wait, why is

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<v Speaker 4>there a change here? And any change I think in

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<v Speaker 4>this case involving Diddy is bad for the defense. So

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<v Speaker 4>with Diddy, the accusation is that he's nodding to the jury.

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<v Speaker 4>And here's the thing. When you're a defendant, you cannot

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<v Speaker 4>interact with the jury why because that makes it seem

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<v Speaker 4>like you're trying to influence them in some way. Here's

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<v Speaker 4>Diddy with this power, people know him of him, and

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<v Speaker 4>if he's looking straight at you during number twelve, and

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<v Speaker 4>he's not don't.

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<v Speaker 3>Believe that, don't I'm not saying I know that he

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<v Speaker 3>did that, per se.

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<v Speaker 4>But when you talk about nodding for judges and for

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<v Speaker 4>courtroom watchers, that's somebody trying to send an indication to

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<v Speaker 4>somebody on the jury saying believe this or don't believe this,

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<v Speaker 4>which could influence their decision.

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<v Speaker 3>So in a way, the judge has to clamp down

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<v Speaker 3>on the damn right.

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<v Speaker 2>But damn right. I mean he got to sit there

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<v Speaker 2>for weeks. He can't smile, he can't smirk, he can't

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<v Speaker 2>nod his head. I mean for weeks at a time.

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<v Speaker 2>Isn't that an.

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<v Speaker 1>Impossible task to expect from a defendant where you can't

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<v Speaker 1>have any kind of bodily communication whatsoever, affirming or denying anything.

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<v Speaker 2>Is that not a bit unreasonable.

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<v Speaker 4>It's reasonable to be able to have a reaction to things,

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<v Speaker 4>but to be turning to the jury and reacting to

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<v Speaker 4>them is borderline influencing them.

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<v Speaker 3>And that's the last thing you want.

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<v Speaker 4>You want these juries jurors to be able to make

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<v Speaker 4>any decision they want to make based on the evidence

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<v Speaker 4>they're hearing, not based on the defendant looking at them

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<v Speaker 4>telling them believe that, don't believe that. The thing here

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<v Speaker 4>is Stephen A. We don't know exactly what he was

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<v Speaker 4>doing in that courtroom. If he's turning and nodding and

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<v Speaker 4>making indications to them, that's off limits.

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<v Speaker 3>You can't do that.

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<v Speaker 4>And before trial his defense team would have told him, hey,

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<v Speaker 4>you can't make statements or do things to the jury

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<v Speaker 4>or have loud out first, because they know that the

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<v Speaker 4>judge will clamp down, because the judge doesn't want the

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<v Speaker 4>jury being influenced. But having reactions being upset or being

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<v Speaker 4>mad or crying or scribbling a note to your lawyer,

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<v Speaker 4>that kind of stuff is affected eat that though, away

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<v Speaker 4>from turning to the jury and trying to send an

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<v Speaker 4>indication to them. And again we don't know what did

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<v Speaker 4>he was actually doing.

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<v Speaker 3>In that courtroom or what he might have been trying

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<v Speaker 3>to do.

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<v Speaker 4>But the judge has to look at that and say

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<v Speaker 4>any way in which you are reacting turning to them

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<v Speaker 4>and making emotion is potentially trying to say to them,

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<v Speaker 4>don't believe this, believe that, and possibly influencing their decision.

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<v Speaker 3>It can't have that.

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<v Speaker 1>My next question is going to be in you know,

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<v Speaker 1>just as a treat to to Diddy supporters out there,

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<v Speaker 1>because just like R.

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<v Speaker 2>Kelly had his supporters, Diddy's got his.

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<v Speaker 1>And you have a lot of people that's been listening

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<v Speaker 1>to you and others talk about what's going on during

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<v Speaker 1>this trial, reporting accurately on what's actually transpiring in the

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<v Speaker 1>courtroom and in the case itself. It says, I am

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<v Speaker 1>everybody's pointing the finger at Diddy. I mean, what about

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<v Speaker 1>these other witnesses, what are they saying, How do we.

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<v Speaker 2>Know they're telling the truth? Et cetera, et cetera. I'll

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<v Speaker 2>give you the latest example.

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<v Speaker 1>Diddy's defense team said proved that Diddy wasn't there. The

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<v Speaker 1>defense actually provided receipts and asked a woman if he

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<v Speaker 1>could be in two places at once once. They proved

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<v Speaker 1>that he wasn't even in attendance at the time that

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<v Speaker 1>she said this ordeal happened with them, and when they

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<v Speaker 1>asked her that question, she said, theoretically, I mean, what

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<v Speaker 1>does that mean?

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<v Speaker 2>How incriminating is that against her?

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<v Speaker 3>Yeah, that damages her testimony completely.

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<v Speaker 4>He can't be in two places at once, And the

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<v Speaker 4>defense even said that can he be in LA and

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<v Speaker 4>be in New York at the same time, no, and

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<v Speaker 4>that kind of opens and shuts the door on her.

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<v Speaker 3>So that is you PHO for the defense. That's a

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<v Speaker 3>big thing for the defense.

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<v Speaker 4>And you have to believe the jurors whether they think

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<v Speaker 4>the outright made that up or they think, hey, your

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<v Speaker 4>story's got to be dubious, mate, you had your dates.

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<v Speaker 3>Different, something done that up here.

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<v Speaker 4>You never want a witness on the stand saying one

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<v Speaker 4>thing happened and then the other team getting up and saying, well,

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<v Speaker 4>I can prove he was somewhere else.

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<v Speaker 3>So yes, it's damaging for prosecutors. But here's the thing.

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<v Speaker 4>She was there to offer testimony about how he uses

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<v Speaker 4>violence to intimidate people.

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<v Speaker 3>Other people have offered that evidence.

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<v Speaker 4>So for Diddy supporters out there who might say, hey,

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<v Speaker 4>well this is proof that he was never violent, I

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<v Speaker 4>don't know if it's proved that he was never violent.

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<v Speaker 4>I think maybe it's proof that he wasn't violent in

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<v Speaker 4>the way this person described on that date. But did

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<v Speaker 4>he still has a whole lot of things to push

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<v Speaker 4>back on to say that he didn't use threats and

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<v Speaker 4>coercion to get people to do the things that he

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<v Speaker 4>wanted them to do.

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<v Speaker 2>Today, the jury heard from Jane. Jane is the name.

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<v Speaker 1>Who testified that Cole's threatened stop paying for her apartment

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<v Speaker 1>if she didn't continue the hotel nights sleeping with other men.

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<v Speaker 2>For his pleasure. However, it was revealed like you.

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<v Speaker 1>Said that Colmes was going to break up with her,

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<v Speaker 1>and she continued with the hotel nights. What do you

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<v Speaker 1>make of that she's gonna break up with her but

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<v Speaker 1>she continued with the hotel nights.

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<v Speaker 2>Anyway, does that help his case at all?

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<v Speaker 4>It does in some ways, but it also helps the prosecution.

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<v Speaker 4>Let me back up, for everybody who hears James's testimony

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<v Speaker 4>and starts reading it, what is important for prosecutors to

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<v Speaker 4>prove here is a Rico conspiracy. That's a pattern that

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<v Speaker 4>basically saying in a nutshell that Diddy is either assisting

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<v Speaker 4>in or operating this sort of criminal enterprise, that other

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<v Speaker 4>people are involved, and it's this pattern of criminal activity. Now,

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<v Speaker 4>I want people to hang on to the word pattern.

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<v Speaker 4>We saw Cassie up there for days talking about these

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<v Speaker 4>tenant what she did with her. He started dating her,

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<v Speaker 4>they start going out, he offers her the recording contracts,

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<v Speaker 4>they start working together, and then he starts engaging her

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<v Speaker 4>in these freak offs according to her, and starts using

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<v Speaker 4>these threats and coercion, according to her, in terms of hey,

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<v Speaker 4>you got to keep doing this or I'm going to

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<v Speaker 4>take things away. Now we see Jane talking about the

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<v Speaker 4>same thing. Even this is why I believe James's testimony

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<v Speaker 4>is some of the most impactful testimony we're going to

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<v Speaker 4>see in this trial, because she now is talking about

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<v Speaker 4>exactly what Cassie was talking about, which makes it a pattern.

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<v Speaker 4>So I know that people are gonna say, well, look,

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<v Speaker 4>she could have withdrawn herself from the free cost, but

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<v Speaker 4>look at what she's saying as to why she's saying, Well,

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<v Speaker 4>he started dating me and then we had this relationship.

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<v Speaker 4>Then part of the relationship became these other things that

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<v Speaker 4>I had to do, these hotel nights, and then he

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<v Speaker 4>would say, well, I'm going to take according to her,

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<v Speaker 4>I'm going to take this housing away, I'm gonna take

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<v Speaker 4>these things away.

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<v Speaker 3>It's the same kind of thing.

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<v Speaker 4>It's a pattern, and in a way, it requires jurors

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<v Speaker 4>to look at this and say, these women were in

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<v Speaker 4>a position where they didn't feel like they had a

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<v Speaker 4>way out, and Steven, hey, let me touch on one

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<v Speaker 4>other thing related to this. I think twenty thirty years ago,

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<v Speaker 4>we might look at this case and say, well, why

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<v Speaker 4>didn't someone just leave? Now, we tend to look at

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<v Speaker 4>these cases differently. We look at cases like r. Kelly

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<v Speaker 4>and we see grooming. We see how people are conditioned

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<v Speaker 4>into certain behavior and then they start feeling like they

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<v Speaker 4>can't leave situations.

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<v Speaker 3>That's the case the prosecution is trying to build here.

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<v Speaker 4>They're trying to show that Diddy is a person who

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<v Speaker 4>strings people along, gets them in these relationships, gives them things,

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<v Speaker 4>and then gets them in a situation that they feel

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<v Speaker 4>they can't get out of, either by violence or coercion,

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<v Speaker 4>financially or otherwise, and puts them in this untenable situation.

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<v Speaker 1>So is it possible, before I'll let you get on

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<v Speaker 1>out of here, that the real thing that's incriminating with

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<v Speaker 1>him is the age of these ladies at the time

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<v Speaker 1>he started their relationships with them.

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<v Speaker 2>I'm guessing that, based on what you alluded.

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<v Speaker 1>To in terms of how society was in the past,

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<v Speaker 1>they would say it was consensual. Why couldn't you just

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<v Speaker 1>walk away from this situation? And then you bring in

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<v Speaker 1>the grooming element. Well, if you're somebody in your thirties

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<v Speaker 1>and your forties. Somebody might not want to hear that.

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<v Speaker 1>But if you're somebody in your teens and you started

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<v Speaker 1>dating this gentleman, then obviously you're going to be perceived

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<v Speaker 1>as being a bit more vulnerable, and as a result,

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<v Speaker 1>he's going to be the person in a position of

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<v Speaker 1>power who manipulated that power.

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<v Speaker 2>To take advantage of you.

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<v Speaker 1>Is that a good way of, you know, basically drawing

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<v Speaker 1>a synopsis of all of this and really crystallizing this

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<v Speaker 1>for the viewers out there.

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<v Speaker 3>I think it's part of it, but I don't think

0:10:19.480 --> 0:10:19.959
<v Speaker 3>it's all of it.

0:10:20.120 --> 0:10:22.360
<v Speaker 4>I think the fact that they were younger women may

0:10:22.400 --> 0:10:24.720
<v Speaker 4>have made them a little bit more susceptible to his influence.

0:10:25.000 --> 0:10:27.120
<v Speaker 3>I think his power dynamic plays into part of.

0:10:27.040 --> 0:10:29.520
<v Speaker 4>This, that a woman who's older could have also been

0:10:29.520 --> 0:10:31.920
<v Speaker 4>swept into this power dynamic. And I think the way

0:10:31.960 --> 0:10:34.640
<v Speaker 4>he conducted himself, at least according to the prosecution, but

0:10:34.679 --> 0:10:37.360
<v Speaker 4>making a mistake, Stephen, As you watch these people testify,

0:10:37.480 --> 0:10:39.760
<v Speaker 4>like Jane when she's talking about he had me take

0:10:39.840 --> 0:10:43.160
<v Speaker 4>drugs across from LA to Miami. Now they're building the

0:10:43.200 --> 0:10:46.320
<v Speaker 4>case of drug trafficking. When he talks about having her

0:10:46.559 --> 0:10:49.120
<v Speaker 4>and then her later calling people escorts to come in

0:10:49.160 --> 0:10:51.400
<v Speaker 4>from different places to do these hotel nights.

0:10:51.480 --> 0:10:53.400
<v Speaker 3>Now we're talking about the sex trafficking element.

0:10:53.640 --> 0:10:56.000
<v Speaker 4>What you're seeing here When I talk about grooming, I'm

0:10:56.000 --> 0:10:57.520
<v Speaker 4>talking about his mo O.

0:10:57.640 --> 0:11:00.439
<v Speaker 3>And they're trying to describe how did this.

0:11:00.720 --> 0:11:03.280
<v Speaker 4>But I think age, while being a part of it,

0:11:03.320 --> 0:11:05.440
<v Speaker 4>is not all of it. I think what it is

0:11:05.440 --> 0:11:08.240
<v Speaker 4>is they're trying to describe how he got his hands

0:11:08.240 --> 0:11:10.880
<v Speaker 4>into them and then in their mind, put them in

0:11:10.920 --> 0:11:13.520
<v Speaker 4>a position where they couldn't get out, and that's how

0:11:13.520 --> 0:11:16.200
<v Speaker 4>they're trying to build the Rico case, the sex trafficking case,

0:11:16.240 --> 0:11:19.440
<v Speaker 4>the drug trafficking case, all of it is all based

0:11:19.480 --> 0:11:22.360
<v Speaker 4>on him and his associates getting these people in a

0:11:22.400 --> 0:11:24.760
<v Speaker 4>world that they couldn't get out of, and age is

0:11:24.760 --> 0:11:26.520
<v Speaker 4>a part of that, But I don't think it's all

0:11:26.559 --> 0:11:26.839
<v Speaker 4>of it.

0:11:27.360 --> 0:11:30.480
<v Speaker 1>Last question, We've seen so much and we hear so much,

0:11:30.520 --> 0:11:32.480
<v Speaker 1>and it just appears to be getting more and more

0:11:32.520 --> 0:11:36.839
<v Speaker 1>incriminating for showing Dinny Combs by the day. But that's

0:11:36.920 --> 0:11:40.280
<v Speaker 1>through the lens of the prosecution. When are we going

0:11:40.360 --> 0:11:43.720
<v Speaker 1>to start seeing things through the lens of the defense team.

0:11:44.000 --> 0:11:45.400
<v Speaker 3>I think it's going to be at least a week.

0:11:45.440 --> 0:11:47.040
<v Speaker 4>I think you can expect Jane to be on the

0:11:47.080 --> 0:11:49.559
<v Speaker 4>stand for another couple of days. And when you talk

0:11:49.600 --> 0:11:51.640
<v Speaker 4>about the lens of the defense team, just like we

0:11:51.640 --> 0:11:54.440
<v Speaker 4>saw with Cassie, we saw Cassie getting grilled on the

0:11:54.440 --> 0:11:57.320
<v Speaker 4>stand by the defense. We hear we heard about Mia

0:11:57.400 --> 0:12:00.400
<v Speaker 4>getting grilled on the stand by the defense wanting to

0:12:00.480 --> 0:12:03.280
<v Speaker 4>be the same with Jane, because Jane has a lot

0:12:03.280 --> 0:12:06.840
<v Speaker 4>of text messages going back and forth talking about their relationships.

0:12:07.120 --> 0:12:10.320
<v Speaker 4>Jane talks about how she over time started booking the

0:12:10.440 --> 0:12:13.439
<v Speaker 4>escort herself. According to her, that was so she control

0:12:13.679 --> 0:12:16.320
<v Speaker 4>at least know the men that she would be kind

0:12:16.320 --> 0:12:19.240
<v Speaker 4>of coerced into engaging in these hotel nights with The

0:12:19.320 --> 0:12:21.400
<v Speaker 4>defense is gonna turn that and they're gonna say, look,

0:12:21.640 --> 0:12:23.199
<v Speaker 4>but you're calling these experts.

0:12:23.320 --> 0:12:24.520
<v Speaker 3>You're saying, are we doing this?

0:12:25.120 --> 0:12:26.800
<v Speaker 4>And you can't later come back and say it was

0:12:26.840 --> 0:12:29.640
<v Speaker 4>non consensual because you were in this relationship with him

0:12:30.040 --> 0:12:32.560
<v Speaker 4>for three years, as you said, Steven, why didn't she

0:12:32.600 --> 0:12:32.920
<v Speaker 4>get out?

0:12:33.200 --> 0:12:35.240
<v Speaker 3>They're gonna be questions like that.

0:12:35.280 --> 0:12:37.640
<v Speaker 4>The defense is gonna press on, and they're gonna press

0:12:37.640 --> 0:12:40.240
<v Speaker 4>hard because the defense knows what's getting out there, the

0:12:40.240 --> 0:12:43.360
<v Speaker 4>impression that Sean Dittycombs controls these people, that he has

0:12:43.360 --> 0:12:45.600
<v Speaker 4>a whole pattern of doing these things, that he uses

0:12:45.600 --> 0:12:47.960
<v Speaker 4>all these associates to do these things, and that's the

0:12:48.000 --> 0:12:51.520
<v Speaker 4>recal conspiracy. They have to knock that down by essentially

0:12:51.600 --> 0:12:54.720
<v Speaker 4>hitting on one key point all of this was consensual,

0:12:55.040 --> 0:12:57.720
<v Speaker 4>that he strongly denies all of this, and that all

0:12:57.760 --> 0:13:00.400
<v Speaker 4>of this was what the women wanted to do and

0:13:00.559 --> 0:13:01.720
<v Speaker 4>wanted to do with him.

0:13:02.040 --> 0:13:04.439
<v Speaker 3>So the defense is going to get that chance when

0:13:04.440 --> 0:13:05.480
<v Speaker 3>they cross examine her.

0:13:05.520 --> 0:13:07.600
<v Speaker 4>And I would say, if that doesn't happen today, it's

0:13:07.640 --> 0:13:10.480
<v Speaker 4>gonna happen early next week. But it's gonna be aggressive,

0:13:10.559 --> 0:13:12.640
<v Speaker 4>it's gonna be strong, because that's exactly what they did

0:13:12.720 --> 0:13:13.320
<v Speaker 4>with Cassie.

0:13:15.679 --> 0:13:17.960
<v Speaker 2>Ryan Smith, legal analysts extraorda there.

0:13:17.840 --> 0:13:21.120
<v Speaker 1>For ABC News and of course Sports Center anchor for ESPN.

0:13:21.200 --> 0:13:23.360
<v Speaker 1>Appreciate you as always, have a wonderful week, and man,

0:13:23.400 --> 0:13:24.680
<v Speaker 1>look forward to talking to you next week.

0:13:24.679 --> 0:13:26.920
<v Speaker 3>You take care yourself, you too, man, Take care