Diddy Prosecutors Propose Simplifying RICO Charge for Jury's Sake | TMZ Live - video Dailymotion

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In a stunning move, the day before closing arguments in Diddy's federal criminal trial in NYC, prosecutors have pulled back on some key testimony during the trial -- specifically attempted kidnapping, attempted arson, and aiding and abetting sex trafficking.

Transcript

00:00So, the prosecution in the Diddy case, they are winding up now closing arguments tomorrow and Friday.

00:06The jury gets the case probably Monday.

00:08So, the prosecution just filed paperwork today, actually in the form of a letter to the judge,

00:14saying that they wanted to simplify the jury instructions per the judge's instructions.

00:20And what they're doing is they're streamlining things.

00:22That there are charges alleging kidnapping, arson, that's the Kid Cudi case.

00:28They are alleging aiding and abetting in sex trafficking.

00:33They are slimming that all down so that they're not going to kind of overburden and overwhelm the jury with instructions.

00:42Right. They're saying that to the judge that when you give the jury their instructions,

00:46just leave out the attempted kidnapping, leave out attempted arson, aiding and abetting.

00:52They're saying there's no actual kidnapping.

00:54Yes.

00:54Actual arson.

00:55And those things, the counts, the charges still remain.

00:59They're just saying there's no reason in the jury instructions to tell them about the attempted kidnapping.

01:05And Charles, I'll tell you why.

01:07Because the actual...

01:08Attempted means you failed or didn't go through with it.

01:12They're alleging it was gone through with.

01:14So, why bother calling it an attempt as well?

01:17Right.

01:17And they're just trying to, because the jury is going to have, there are so many, because there are four counts there,

01:22and because one of them is a RICO count that has so many underlying alleged crimes,

01:28they just want to simplify this so that the jury, when they get their instructions, know what to do.

01:33So, legal shmeagel.

01:34Legal shmeagel.

01:35Let's talk about what really matters right now.

01:37Well, hold on.

01:37I want to say that.

01:38I know what you want to get to, and we should, but this also plays into that,

01:42because this is going to be a very complicated thing for the jury to look at.

01:47And they are potentially going to be under a bit of a time crunch.

01:51So, it looks like each side is going to take a day.

01:56So, tomorrow, Thursday, there will be a prosecution's closing argument.

02:01Friday, the defense's closing argument.

02:04And then the judge is going to give instructions to the jury, which may take a couple hours.

02:09Because of what we just talked about.

02:10So, realistically, the jury's going to start deliberating on Monday.

02:14Right.

02:14Because they're not going to, they might have an hour or so late on Friday.

02:19Or they may do it, we don't know, they may do it on Friday, depending, they may do it,

02:22but the jury's probably going to start deliberating in earnest on Monday.

02:25The reality here, folks, is that if you've talked to your friends, you know,

02:30some people say, oh, he's guilty on everything, he's guilty on nothing.

02:34I don't see the RICO charge, but I do see the Mann Act charge.

02:37So, my gut tells me, and I don't try to guess juries, but they're not going to all agree right out of the gate.

02:45Yeah.

02:45So, there's going to be debate and, you know, going over evidence and talking.

02:50So, Monday goes in.

02:51Remember, there are 28 days of testimony.

02:53And they're going to go over a lot of.

02:56No, remember, in O.J. Simpson, there was nine months, but they came in in two hours.

02:59Yeah.

02:59So, it really.

03:00Well, that was.

03:01It really just depends.

03:02But I think Monday's going to bleed into Tuesday.

03:06And then, if you get into Wednesday, there's an issue.

03:10Now, things start tightening up.

03:12Yeah, they're really up against the clock because Friday's July 4th, Thursday's July 3rd.

03:17Do they want to come in on Thursday?

03:19Well, Thursday and the courts are closed.

03:20Or do they want to get it done on Wednesday?

03:22And not only that, there's a court holiday.

03:23So, court is closed on July 3rd and 4th.

03:26That is Thursday and Friday.

03:28So, what's the best way to get to consensus on Wednesday?

03:31The looming idea that you will be dragged into court through a skeletal staff that Judge Subramanian can say,

03:37I'm going to open up just the jury room.

03:38I'm going to have a skeletal staff come in on a holiday.

03:41And you guys are going to continue deliberating.

03:43That's going to drive consensus in that jury room to say, hey, I got plans.

03:47I want to see some fireworks.

03:48You better all get on board.

03:50You know, you can listen to Derek and, you know, based on his record, say, look, he's a doofus.

03:54But in this case, he's acting.

03:56Wow.

03:57I mean, it's true, but we don't say it out loud like that.

04:00In this case, he is actually right.

04:02That experientially, that when you have these four-day holidays, it's shocking.

04:08How many juries suddenly reach a consensus right before?

04:12Suddenly, I have clarity.

04:13You know what?

04:14All the 28 days of testimony, I've been seeing it crystal clear.

04:18Well, not just that.

04:19But you may have an 11-to-1 split or a 10-to-2 split on one of the counts.

04:26And those two...

04:26Pressure on those holdouts.

04:28Pressure on those, too.

04:29They may have family picnics.

04:31They may have family parties, whatever.

04:33At a point, I know that sounds trivial and crazy, but there is that kind of inner pressure.

04:38It's in the back of their head.

04:39Yes.

04:40Definitely going to be, not even in the back of their head, maybe, you know, toward the front of their head.

04:43They don't want to have it linger over the holiday.

04:47They feel that pressure, and it happens a lot.

04:52Can I just say, on behalf of the jurors, they also, I would hope, are taking this very seriously.

04:58And if it means that they have to come back on Monday, then so be it.

05:04If they don't get it done, they'll get a three-day weekend instead of a four-day weekend.

05:09They've already lost most of their summer.

05:12It's been beautiful days that they're walking out of court, sunshining.

05:15Dude, it's 110 in New York.

05:18Nobody wants to be outside.

05:2028 days, 34 witnesses.

05:22They already went through Memorial Day.

05:24They're getting where to go.

05:26They seem tired.

05:27And the judge is not going to let them on Wednesday say, we're deadlocked, so just call a mistrial.

05:32The judge will say, you have to be hopelessly deadlocked.

05:35I'm not going to have a mistrial after three days of deliberations.

05:37I'm going to bring you back on Monday or bring you in on Thursday.

05:40So they're not going to be able to just get out of it.

05:42Which puts all the more pressure on them to come up with a verdict before the holiday.

05:46That's exactly right.

05:47They will have pressure to come to a verdict because Judge Subramanian is not going to let

05:50a mistrial happen after just three days.

05:52Or they just come back on Monday and it goes on.

05:55Hi, it's Nikita from Louisiana.

05:57And what an interesting turn of events.

05:59I think the 4th of July holiday will allow the case to speed up a bit.

06:04I feel like the jurors want to get out with their family and enjoy themselves for the weekend.

06:08So it'll be interesting to see how this all turns out in the end.

06:11Yep.

06:11I mean, it's going to be fascinating.

06:13It's going to be fascinating.

06:17You

Diddy Prosecutors Propose Simplifying RICO Charge for Jury's Sake | TMZ Live

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