Diddy Trial Continues With Defense Cross-Examining Cassie About Early Relationship | TMZ Live - video Dailymotion

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The fourth day of testimony in Diddy's NYC federal sex trafficking trial began Thursday with Cassie taking the stand again ... with Diddy's defense team's turn at cross-examining her after three days of the prosecution's questioning.

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00:00Well, the Diddy trial is just riveting, and the defense is now cross-examining Cassie,

00:07the star witness. So what we heard from prosecutors and the story told was that of an incredibly

00:15brutal, horrific relationship that Cassie had to suffer through. What the defense is

00:23now telling, or what they're trying to tell, is a love story mixed with a healthy dose of kink.

00:30Yes, they are clearly wanting to show the jury that you've heard this side of their relationship

00:36with all of the graphic details of their sexual acts. Now we want to show you that this was

00:44a really a loving relationship, maybe even most of the time. They have pages, pages, more than 40

00:52pages of text messages exchanged between them over the years that they were dating. And some of them,

01:01they started right away with exchanges like this one. Diddy sending her a text,

01:08it makes me so happy that you would fly to ATL just to see me. I'm a very lucky man. I love you. I miss

01:14you. Can't wait to hold you. And she replied, I'm a very lucky woman. I miss you so much. I'd fly

01:21wherever you needed me, whenever. I love you. Now, the centerpiece of a lot of what happened

01:28during direct testimony were freak-offs. And what the prosecution tried to show was that he forced

01:35and or coerced her into doing these freak-offs. And we've talked about this earlier this week,

01:41that at least my opinion is that in a lot of these, the prosecution just didn't close the loop. It was

01:47something she felt. Whether it was communicated or not, it doesn't seem like at least the prosecution

01:53didn't get her to say, I communicated it. Because the defense will say, if that's just Cassie telling

01:58you how she felt and she never actually said those words to Diddy, how is he to know that he is forcing

02:05her to something? That's right. So they now produced some texts showing that Cassie was

02:11actually into freak-offs. Right. In particular, this is one from 2009. Just a year after they

02:17started dating. I'm always ready to freak off. It can be whenever. So what they're trying to show

02:23is, because look, they're looking at a pregnant woman on the stand and it's hard to juxtapose

02:30that with this. But there are the prosecution, the defense is saying, let's go back in time

02:36where this relationship started. And they're saying it was grounded in this and that it's not

02:42a crime. This was their lifestyle. In fact, Cassie admitted on the stand that they led a swinger's

02:49lifestyle. Yeah. And at some point, what Cassie has said during her direct testimony was that

02:54the first freak-off they had made her feel humiliated, made her feel confused. But what

03:00was she actually expressing? And this text message does a lot to show what Diddy was receiving,

03:04which was, sounded like enthusiasm, excitement about freak-offs. It would be hard to say that

03:09he felt as though she felt she was being pressured. So that's what they're trying to draw that distinction

03:13by looking at her text messages. What were you saying during this time? And it sounded a lot like

03:17you were enthusiastic about freak-offs. And she also, I mean, there were some we just cannot read,

03:22but it got really graphic. Still very graphic about things that she wanted done to her,

03:28things that he wanted during their encounters that they were, it seems, setting up very frequently.

03:36Charles, I got to say that, you know, we have somebody in the courtroom who's been talking to

03:42the other people who were there. I've been looking at transcripts. You've been looking at transcripts.

03:46There is a lot that the prosecution brought up about domestic violence, and it is horrific

03:51what she went through. It is almost unspeakable. But the domestic violence that was raised,

04:00and a lot of it was raised, doesn't all, and most of it does not connect to the crimes for which he's

04:08charged. There are state crimes, but this is a federal case with very specific charges.

04:13Now, you tell me in your experience in covering trials like this, and even as a lawyer,

04:19the prosecutors don't have to slam dunk their case with one witness, two witnesses, or even three

04:27witnesses. Absolutely true. They are painting a picture here, and they're just giving you little

04:32pieces of it. And at the end is when they want the jury to say, look what we've shown you.

04:36You're 100% right. So maybe Cassie is just not, she's not there to close the loop. She's there to

04:42paint, to start the tapestry, right? Right. But this is just, this is who he is. These are the things

04:48that happened. These are the things I went through. And then later, you're going to have people who are

04:53testifying about how all of those things were set in motion. Who was planning? Oh, but listen,

05:00I agree. I agree with everything you just said. But I go back to what happened in the Rodney King case,

05:07where there were expectations. And when the jury started seeing them, it was different. And the

05:15expectation in this case from the jump with the U.S. attorney speaking, everybody said,

05:21Cassie was the beginning and end of this. And it, I don't know how you feel. I mean,

05:27her testimony was compelling and the stories are horrific. I think we all felt like she was going

05:33to be that witness because we know that the whole reason that the U.S. attorney's office even started

05:41their investigation. Was because of her lawsuit. It was because of her lawsuit. Right. But maybe,

05:45maybe they discovered way more once they started looking into this. And those are the counts he's

05:51facing. And so, so far, guys, you're right that they have been focusing a lot on her testimony and

05:57on her cross-examination about domestic violence, which is not what he's being charged with.

06:02But we've learned that just moments ago, Diddy's own defense read out text messages that Diddy sent

06:07to Cassie in 2017 of him saying, didn't hear from you. So I just put some plans in motion. Let me know

06:13to stop. Surprise package coming in from out of state. Just let me know if I'm headed in the wrong

06:19direction and I can cancel. So that is the first time that I have heard or seen them mention anything

06:24about what he's actually being charged with, which is the Mann Act. So what is the, I'm sorry.

06:29Well, what is the, depends on what that surprise package. Yeah, what's the package?

06:33I would assume a escort coming from out of state. Well, that's the thing. We can't make that

06:37assumption. We can't assume. And that's the thing. And then that does come back to what you're

06:41saying about closing the loop. I, listen, he has, he has a huge problem with that, with the Mann Act.

06:48I mean, because the Mann Act doesn't require force or coercion with Cassie. Right. It's just the

06:52transaction. It's the transaction. I think he has a huge, with all of the charges, because I think

06:57there are, you know, listen, we did a mock jury in one of our two, we did not in any way prime them

07:04to go in any direction. We gave them the jury instructions. They saw different, they saw

07:09evidence in the case. They immediately honed in on racketeering and they started saying,

07:13why is this racketeering with one guy? And they're charging this one guy. They had a real problem

07:19with that. They did not have a problem with the Mann Act. They found him guilty in the Mann Act

07:22and they, they hung six to six on racketeering. The ovulation we should talk about. Yes, because

07:29this is going to be debated by people, by couples around the country as to what she meant here. So

07:37Mr. Combs wrote to, wrote a text message to Cassie saying, do I have your permission to set up

07:45freaky fun? And the pro and the defense attorney says to Cassie, you wrote back to him ovulation.

07:53And Cassie said, yes, we can, we can say so right there. That is not even code. She is saying,

07:59I do not want to have intercourse. I do not want to have freaky fun. I am ovulating. And that's a no

08:06without saying no. That is a no. I don't even think that's debatable, but it, well, well,

08:12in another context, ovulation is when people are trying to have babies. They say, I'm ovulating.

08:18Come home. I'm ovulating. Let's have babies. But not here. I agree with you. Freaky fun doesn't

08:23necessarily mean. It's a freak off. I mean. In there, from everything we've heard, when he says

08:28freaky fun, that's probably a freak off. So he says ovulation. But what is interesting is that. This is

08:32the turn. They actually, she agreed and said, okay, um, we can set this up. We should get into what

08:42they said about kissing because that's the key. She does agree to go forward. And what he said

08:46to her in a text message was, okay, can we kiss a lot? And the, the, the, the lawyer asked,

08:52what did you say to that? And she said, yes. So it sounds as though she said no to sex,

08:57but agreed to a freak off that was more tame with just lots of kissing. A modified freak off.

09:03A modified. Now, and then here's the twist again. There are two twists here. And then the twist

09:08is she testifies that the freak off lasted 10 hours. Yes. Diddy said to her, all right,

09:13we're going to start at 10 PM and no getting out of character until 8 AM. So did they just kiss for,

09:20the thing is they never said what happened in the room. Getting out of character.

09:24Well, one of the keys to this though, to your point, Harvey is if for 12 hours, he stayed respectful

09:28and just kissed, then it sounds like they had an agreed upon consensual freak off on her terms

09:33that she allowed. Right. If it turned into sex and she had said ovulation, meaning no at the time,

09:38then it sounds more like a forced freak off. So it does depend on what happened. I agree. But we

09:42don't know what happened because they never said. But remember, but remember, it's the defense that's

09:45raising this. So I'm guessing they know what based on. But then why didn't they ask? Why didn't they

09:51say? And what happened in what happened during the. Yeah. Um, can I just point out that, you know,

09:56she said ovulation and we're assuming that that means no, but ovulation is a time when you are most likely to get

10:02pregnant, but it's also the time when women are most erotically charged. Horny. Well, but, but the

10:10thing is what follows up then makes sense because Diddy says, what about kissing? She says, okay.

10:17So you would think that she's saying, all right, I'm fine with, you know, the other thing, it's a

10:20subtlety, but you know, the other thing I think is really important in that text exchange, he says,

10:25do I have permission? Yes. Which is exactly why the defense brought it up. That's right.

10:31Asked your permission. That's right. And this is Latrell from Atlanta. You know,

10:34the Diddy Cassie, Cassie trail is definitely monumental, unprecedented and definitely perplexing.

10:40You know, hopefully if these allegations are true, justice gets served, but I can say that with

10:44Cassie's testimony, it might not be enough. They might need more witnesses in order for this to

10:49even go any further. Yeah. And there will, and there will be, they're going to be, again,

10:52there will be. I just said, expect us to go eight weeks at least.

11:01Okay.

11:02Okay.

Diddy Trial Continues With Defense Cross-Examining Cassie About Early Relationship | TMZ Live

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