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Diddy is one step closer to learning his fate ... because the jury in his federal criminal trial says they have reached a verdict on four of the five counts against him ... but they don't have a verdict on the racketeering conspiracy charge.

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Transcript
00:00There is a partial verdict in the Diddy case.
00:03After two days, the jury has reached unanimous decisions on four of the five counts.
00:11The problem is that fifth count means that we don't get to find out what the verdicts are on the other four
00:16because they are hung up on racketeering.
00:19Which is what we talked about for days now.
00:23That racketeering from the get-go has been the problematic count on...
00:29It is a very complicated charge.
00:31And a lot of people saying it's square peg round hole.
00:34That we know that there are multiple jurors on both sides.
00:38It's not just one holdout.
00:40That on racketeering, they are stuck.
00:43But they have reached a decision on sex trafficking as it results with Cassie.
00:50They've reached a decision on the MAN Act, the interstate transportation of a sex worker, as to Cassie.
00:58They have reached a decision, unanimous, on sex trafficking as to Jane.
01:04And they have reached a decision on the MAN Act as to Jane.
01:08So, but what does this mean?
01:10What's confusing is all of those things that you just said are also included in the racketeering count.
01:15So we don't know what the vote is.
01:17So we don't know what the vote is.
01:18Because it's hard to read what they possibly came up with on 2, 3, 4, and 5.
01:26Let me read between the lines on what you're saying.
01:28Because with Charles, I think it's just a valid point.
01:31That you need to find two crimes in order to apply the RICO statute, the racketeering statute.
01:39If you find, if they found Diddy guilty on the MAN Act, which is the most likely as to both Jane and Cassie, those are two illegal counts.
01:50And therefore, they think they'd have enough.
01:52So what I'm saying to you is, and I said to you all along, which is, is Diddy really the racketeer that people are used to hearing?
02:00And so you think that perhaps there's a juror or two or more, more than one, who are confused about the racketeering.
02:09Like, how can this be racketeering if it's just Diddy doing?
02:13And the reason I say that is we know early on there was one juror, remember, where the jury said he's not following the law.
02:20Juror 25.
02:20And I said to you, I think this is a racketeering charge.
02:25That it just, you know.
02:26That that's the one they were hung up on.
02:27So we don't know, as to the other four, whether Diddy has been found guilty or not guilty.
02:31But there's a hint that with Cassie, the jury asked to review a transcript where she talked about.
02:39She was talking about a flight from Cannes to New York.
02:43Right.
02:43And this is the flight where Diddy said to her.
02:47Showed her the video.
02:47He testified that he showed her a video of a freak-off that she participated in and said,
02:53if you don't participate in another freak-off when we get to New York, I'm going to put this video out.
02:59I'm going to send it to your mother.
03:00And that's coercion.
03:01She testified to that.
03:02If the jury believed her, yeah, that's coercion.
03:05And they would have Cassie.
03:06They would have sex trafficking of Cassie.
03:08The complication is that Cassie never mentioned that in her direct testimony when she was on the stand.
03:15She never mentioned it on cross-examination.
03:18Only on redirect did the—
03:21So you think that the jury might not believe her because they might be thinking,
03:25well, why wouldn't she have brought that up in the first place when she was testified?
03:27What I'm saying to you is maybe that's why they wanted to review the transcript.
03:31But, I mean, I don't think this is great news for Diddy that they came back this quickly unanimously.
03:37Well, the reports from inside the court are that he was sitting there looking pretty upset
03:41when they came back and said that they had reached a verdict on 2, 3, 4, and 5.
03:46I think it's pretty terrible news for Diddy if they were asking for this testimony
03:50because it suggests that there's a dynamic of trying to convince someone
03:54who is holding out belief that these were maybe not consensual.
03:58You bring that testimony and put it in front of them and say,
04:00oh, really?
04:01Look at the Intercontinental Hotel.
04:02Look at the threat on the flight to Cannes.
04:05Look at this evidence of this sex worker who said he heard Cassie being slapped around by Diddy
04:10and then forced to participate in a freak-off.
04:12That's the kind of testimony you ask for when you're trying to convince someone.
04:15That's why I think it's probably leaning towards guilt.
04:18Now, on the racketeering, I agree with you that the predicate acts may be found,
04:22but that's not all they need.
04:23There's an ultimate question.
04:24The first question on the jury verdict forum is,
04:27do you find him guilty or not guilty of racketeering?
04:29Before you even get to the predicate acts, which you only get to if you find guilt,
04:33they could just be hung up on that question and say,
04:34this guy's not Tony Soprano.
04:36I am not convinced that I even want to find guilt on the act.
04:39Yeah.
04:40Now, here's the complication.
04:43The judge, the jury came in and said, look, we can't make a decision on racketeering.
04:48We seem deadlocked.
04:50And then the question is, Jason, help me out here.
04:54There's something called the Allen Charge, which is kind of the nuclear weapon of a judge,
04:58where the judge kind of gently badgers them and says, you've got to reach a decision in some form.
05:04And there was a lot of talk about whether the judge should give that charge or just send them back
05:11or just throw his hands up and say, you're hung and that's it, and we'll just read the four counts.
05:17Yeah.
05:17So prosecutors wanted a modified Allen Charge,
05:20some sort of an instruction from the judge when sending them back in to deliberate
05:23that it varied in some way from the original charge he gave them to deliberate until they have a verdict.
05:30The defense immediately said, no, no, no, we shouldn't modify the Allen Charge, at least not yet.
05:34They sort of held off and may happen later on.
05:36But because what the defense wants is no change.
05:39They don't want the judge to say anything that might sort of persuade those holdout jurors to come around.
05:45They want to keep it status quo, send them back in, which is ultimately what happened,
05:49send them back in, your honor, with no additional charge just to keep on doing their job
05:53because they're convinced that at this point, if they haven't reached a verdict after, what's it been, 14 hours,
05:57they're not going to reach a verdict without an additional charge.
05:59So the defense wants to keep those, however many jurors are the holdouts,
06:03keep them that way so that they will get a hung jury on racketeering.
06:06I think they want a hung jury on racketeering, for sure.
06:09Now, here's the rub.
06:11So they're going to be in court tomorrow deliberating.
06:13They've gone home for the night.
06:14They're going to be in court tomorrow.
06:16So the dynamic with juries, and we've just seen this over and over and over again,
06:22is when they're up against a four-day holiday, they miraculously come together.
06:27They seem motivated, right?
06:29They seem motivated to get this done.
06:31Yeah.
06:31I mean, they wanted to get it done today.
06:34I think the jury was happy with the four out of five.
06:37Happy with the four out of five and were probably hoping the judge would just send them home.
06:42There's a really good point on this because the prosecution wanted the judge to mention to the jury
06:47that they may have to come back on July 3rd, which is supposed to be a holiday.
06:52The defense said, we don't want you to mention that, judge.
06:55And they specifically said, because if you say to them they have to come back July 3rd,
06:58it might motivate them to actually reach a resolution before, but on tomorrow.
07:03On Wednesday.
07:04Yeah, yes, on Wednesday.
07:06And so instead, they want the jury to think, hey, those holdout jurors,
07:11if we can just hold out for tomorrow, we'll be sent home, hung jury, we're done.
07:15If the jury knew they might have to come back on Thursday, then they might have a problem.
07:19Nothing drives consensus like a four-day weekend.
07:20That's right.
07:21I'm telling you.
07:21Like, that jury is sitting there, and if there's one holdout, he's sweating, or he or she.
07:26Yeah.
07:26Elise Mohover from New York.
07:29And it's not surprising that the jury is hung up on the racketeering charge in the Diddy case,
07:34because that's sort of a really complex charge.
07:40And also, it's good that they have found him, or, you know, they made a decision on the four other counts.
07:46But honestly, I thought Rico was the charge that they had in the bag, and now it looks like they'll end up,
07:51you know, convincing at least the other four counts.
07:54But let's see what happens with the—
07:58Yeah, they may or may not make a decision.
07:59So listen, to summarize, the jury has come back unanimously with verdicts on sex trafficking as to Jane and Cassie,
08:09on the Mann Act as to Jane and Cassie, but they have some kind of split.
08:14And it's not 11 to 1.
08:16It's multiples on each side.
08:18We don't know what the multiples are, but they seem to think that they're all dug in, and they can't make a decision.
08:24So they're back tomorrow.
08:27They're up against a four-day holiday.
08:30So tomorrow might be—
08:31Is it going to be a four-day holiday or just a three-day holiday?
08:33It might be Judgment Day for Diddy, where the verdict is read, and, like you said, Diddy was not looking too happy in court.
08:44It might be a four-day holiday or just a three-day holiday or just a three-day holiday or just a three-day holiday.

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