It's the second day of jury deliberations in the Sean "Diddy" Combs federal sex trafficking and racketeering trial in NYC Tuesday, and arguments over a late-afternoon note sent to the judge Monday shed some light on the opposing legal teams' strategies.
00:00Cassie's testimony is echoing in the heads of the jurors, and they have a lot of questions about things that she said specifically related to the Intercontinental Hotel where Diddy beat her in 2016.
00:15So they asked for transcripts of her testimony, but not just related to the Intercontinental, also involving a trip she took with Diddy from Cannes to New York.
00:28And I'll tell you why this, I think, is really revealing.
00:32Both things point to the same thing.
00:34It points to the issue of consent, that, you know, the issue at the Intercontinental, he's not being tried for domestic violence.
00:42This is where he beat her in that hotel lobby.
00:45In the hotel.
00:47In the elevator.
00:47The elevator area.
00:49But I think the question is, was he trying to keep her from leaving a freak-off, or was it something else?
00:55Dragging her, was this get back in the room, and that we've got a freak-off going on.
01:00Is it that?
01:01And the reason I think it's that is because the Cannes thing, we've talked about this numerous times.
01:07To me, I've mentioned this a dozen times, that if I think that the one clear incident, if the jury believes, Cassie, on redirect, she said that when they flew back from Cannes to New York, when they were on that airplane,
01:25he sat beside her, showed her a freak-off video with her on it, and said, if you don't participate in a freak-off when we land in New York, I'm going to make this video public.
01:38Or she actually said, I'm going to send it to your mother.
01:40Send it to your mother.
01:41Yeah, and make it public.
01:42Right.
01:42That was, interestingly, she never said that on direct, never said it on cross, even though she said, he threatened me with the video.
01:53But only on redirect did she add that.
01:56Did she put that detail in.
01:57And I think that's going to be a critical part of this case.
02:00And Harvey, this was one of the three instances that prosecutors brought up in their closing arguments.
02:05It's the Intercontinental, the Cannes flight, and then another at the Essex Hotel.
02:11And this one, they said, remember, you only have to find one instance of sex trafficking by force, fraud, or coercion.
02:17And it's interesting that the three that they mentioned is that's what the jury's asking.
02:20I've got to say, what this dynamic starts to sound like to me is that there's someone in the jury room who is maybe holding out in favor of voting not guilty,
02:28maybe crossing their arms and saying, prove to me that she wasn't in on these freak-offs.
02:32And so they're asking for testimony, the people who are wanting or leaning towards voting guilty, to say, hey, look at this.
02:38Here's the three instances the prosecutor pointed to, the Cannes incident, the Intercontinental Hotel, and so forth.
02:44And they're using that to convince a possible holdout.
02:46That's the dynamic that seems to me.
02:47There's another way of looking at it, which is they're split or that somebody has convinced them maybe there wasn't consent,
02:55so somebody's asking for it.
02:57You don't know what the split is.
02:58I mean, it could be 11-1, it could be 6-6, it could be 8-4, whatever.
03:02The dynamic could be the other way.
03:04As you said, someone's trying to convince someone using these three pieces of testimony that the prosecutors focused on in their closing argument.
