Diddy Trial Day 5 Wrap-Up | Winners vs. Losers - video Dailymotion

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Harvey Levin breaks down key moments from Day 5 of the Diddy trial, highlighting Cassie's testimony, major defense missteps, and a pivotal moment that may solidify the prosecution’s case.

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00:00The next day, they go to dinner. Diddy says, do you want to do a freak-off? And Cassie says,

00:08yes. So the prosecutor said, well, why did you want to do a freak-off? And she said,

00:13because I was afraid he'd threaten me again. Well, if we have to pick a winner this week,

00:22clearly the prosecution one. Cassie Ventura was prosecution's star witness, and it is not

00:30unexpected that she would really tell a compelling story and in some ways really damage Diddy,

00:39which she did on the stand. It was not everything I expected. I thought prosecutors were going to

00:47close more of a loop. At the end of this, I want to give you what I believe is the closing

00:55of the closing arguments for both the prosecution and the defense. The things I believe, based on

01:02what I heard this week, each side would say to the jury before they walk away and let the jury go

01:08into the jury deliberation room. So we will do that at the end of this. But let me just go through a

01:17huge blunder, huge blunder, when they talked about Diddy's possible bipolar disorder and talked

01:28about him blacking out when he attacked Cassie in the hallway at the Intercontinental Hotel in 2016.

01:36I think that was a massive, massive mistake on the defense's part when they cross-examined Cassie.

01:42And I say that because three or four months ago, I interviewed Mark Agnifolo, the lead lawyer in

01:47the case. And Mark said what they were going to do was they were going to be harder on Diddy than

01:53the defense, than the prosecution and saying that the video showed despicable conduct, unforgivable

02:00conduct. They were going to go in so hard on Diddy that it would sound that the, it would sound

02:07like the prosecution was almost weak describing what everybody sees on that screen. That's not

02:13what they did here. These are excuses saying that, well, he did it because he was bipolar. He did it

02:20because he blacked out. That is a huge, huge mistake. And I think that the defense is going to pay for that

02:29because making an excuse for that video is terrible. Along those lines, I think they also

02:36made a big mistake when they showed a text of Cass, that Cassie had sent the day after the

02:42beating. The text said to, was sent from Cassie to Diddy. And it said, you treated me like a rag doll.

02:50What you did to me was awful. Essentially, that's what it said. Well, it sounds like that would hurt

02:57Diddy. And it should, and it did. But then they go on to show a couple of days later,

03:02she's writing LOL and that they end up talking about another freak off.

03:09This is Stockholm syndrome. What they are doing is ignoring something that's been around since the

03:16nineties, that people who are victims of domestic violence often stay with their abusers because they

03:23think it's their fault. They don't know how to get out. And just because Cassie reset and started

03:30talking about wanting freak offs again, I mean, jurors understand this now. This is not a high

03:40concept. And to say, well, she was willing to do another freak off. So how bad could the beating

03:46have been? Well, they saw how bad the beating is. And yet she went back. I don't know why the defense

03:53did that. It just made absolutely no sense to me. So two major blunders. Now, something the

04:00prosecution did today, which I was baffled by the other day, is they closed the loop on a really

04:06important thing that remember that when Cassie was in can with Diddy on a boat, he accused her of

04:15stealing drugs and then threatened to release some of the freak off videos with Cassie in it.

04:22Then they got in an airplane the next day and they're flying back to New York and Cassie, um,

04:28is sitting there alone. Diddy walks up to her seat, sits down next to her and shows her the videos

04:34and threatens to release them. The next day they go to dinner. Diddy says, do you want to do a freak

04:40off? And Cassie says, yes. So the prosecutor said, well, why did you want to do a freak off?

04:46And she said, because I was afraid he'd threatened me again. But she never said that when he showed the

04:56video, he was saying, do a freak off or else. It seemed like she was talking about, if you ever

05:03steal drugs from me again, I'll release the video. The prosecutor never closed the loop.

05:09And we talked about this. Others talked about it. Well, guess what? Today on redirect, prosecutors

05:15closed the loop and they went back and they asked her about the whole plane flight. And this time she

05:20said, well, if, um, yeah, he said, I would release the video unless, um, unless you do a freak off.

05:29So she was very clear this time around. If the jury believes her, if the jury believes

05:36her, that's it on the charge of coercion. That's classic coercion. Basically I'm blackmailing

05:45her. I'm blackmailing you. And I'm saying, do a freak off or I'm going to release this

05:49tape and destroy your career. That's blackmail. That's coercion. That's having sex where you

05:55force somebody to do it. And that meets the elements of the crime. So that to me is a big

06:01win for the defense or excuse me for the prosecution. One of the things that I'm baffled

06:09by and still don't understand is it came out in testimony that Cassie settled with the

06:16intercontinental hotel for $10 million saying the hotel paid her $10 million related to this incident

06:24incident, uh, inside the hallway, uh, in 2016. I don't understand that. And I don't understand

06:31what the liability was in the part of the hotel. The security guard came up after the beating. So

06:36there was nothing the security guard could do. Um, it's not really about calling the police because

06:41there was no duty to call the police, although they should have, but she could have called the

06:46police too. And she didn't. So I don't understand what the duty is there that they didn't follow

06:53that would require them to pay $10 million. That part did not make sense to me. Okay.

07:01Closing arguments. And this is what I think is interesting. By the way, we have seven, eight

07:06weeks to go in this trial, so anything could change. But two things really struck me one side for the

07:13prosecution and one side for the defense. And on the prosecution side, what I was thinking was

07:21that if I were giving a closing argument, I would probably end it this way. Because remember,

07:27the thing that is seared in everybody's mind is that video at the Intercontinental Hotel with all

07:34the evidence, with all the freak offs, with the urination and the baby oil and, you know, blowing up

07:40cars and all of that. The visual that everybody walks away with is that video. So I would, if I were

07:48prosecutors, end with something like this, and I'm kind of making it up as I go along, but this is

07:53the thought, that you would say, ladies and gentlemen of the jury, you have seen what Sean

07:59Combs does when he does not get his way. He brutally beat Cassie in the hallway. And whatever

08:07it was about, whatever it was about, whether it was about a freak off or a cell phone or anything,

08:13when Sean Combs didn't get his way, look what he did. And he even did that in public. He was so

08:22bold. He did that in public. Well, if he is that bold in public, what do you think he did in private

08:30when nobody was looking, when there were no cameras rolling, when Cassie either said no to what he wanted

08:38or in some way expressed no physically? What do you think he did? Do you think he said,

08:46okay, Cassie, that's fine. Or do you think he duplicated what you saw with your own eyes in a

08:53public hallway at a hotel where he was almost naked and she wanted to get away and he beat her to a pulp?

09:03Now, what do you think he did to her in private? And if you think he did something similar to her in

09:11private so that she would do a freak off, then we have proved our case beyond a reasonable doubt.

09:20That's what I would say if I were the prosecutors at the end. So the defense. So what do you say to that?

09:27And I was thinking about it. And again, I haven't really prepared this, but here is the thought.

09:37Ladies and gentlemen of the jury,

09:40the government could not get Sean Combs on tax problems or business problems.

09:49Sean Combs is a titan of industry, a flawed man for sure, and a violent man.

09:56But what did the government do to get him in this case? They went inside his bedroom and they

10:04didn't like the way he was having sex. And maybe what you see here is abhorrent. And it is in many

10:15respects. But there were willing participants in that room for much of the time. And

10:22do you want the government to intrude into your bedroom and judge you the way he's been judged?

10:33Did he do things wrong? Yes.

10:36Does he regret what he's done in many ways? Of course.

10:42Do you want to send somebody to prison for what they are doing behind closed doors?

10:48Do you want that? And if you do, you think about what that may mean down the road.

10:56So I don't know. I mean, which argument there is going to prevail?

11:01I think a lot is going to depend on what happens during the next seven weeks. But we're going to be

11:05here Monday through Friday, giving you the lowdown on what happened in court.

Diddy Trial Day 5 Wrap-Up | Winners vs. Losers

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