Potential jurors in Diddy's federal trial are gonna get grilled on several subjects before they get picked ... and the hot topics include their taste in music, and their views on drugs, celebs and group sex.
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00:00There is a lot of activity in the Diddy case now.
00:04It is kind of forming because both sides are now taking stands on issues that are going to be critical to this case.
00:14And what is particularly interesting is what just happened with respect to drug use, which is going to be front and center in this case.
00:24We know that in the indictment, prosecutors have said they believe that Diddy drugged his alleged victims to make them more compliant during his big parties, during freak offs.
00:36So now the issue is about Diddy's drug use.
00:40And there is a battle over, as prosecutors describe it in these documents, his mental capacity and the testimony of a psychiatrist.
00:49Now, this is going to get a little bit confusing, but I think we can unravel this.
00:55So here's what the prosecutor said.
00:57Right. The prosecutor is saying we do not want this psychiatrist to testify to anything having to do with how drug or alcohol use affected Diddy's state of mind during these alleged crimes.
01:12More specifically, whether it excused some of the conduct, whether Diddy, the prosecutors are saying that the defense wants to use this shrink to show somehow, this is what the prosecutors are saying, that even if Diddy committed a crime, he didn't have the intent to do so because he was so whacked out on drugs.
01:35That seems to be what the prosecutors are saying, but, but, but, but, but I don't think that's right.
01:43I don't think that's, and this is my opinion on this, but I think I'm right on this.
01:48The defense is not saying that, well, it's a crime, but he didn't really mean it.
01:55The defense is saying what happened is not a crime at all.
01:59It's a lifestyle. It is a choice that Diddy and the alleged victims made and that when they engaged in drug use, they did it freely.
02:10But there are things that happen when you use drugs, these particular drugs, particularly like an MDMA or something like that.
02:19I know that's what you, what you're theorizing could be what the defense is going to say.
02:25The reality is in the documents, we don't know, right? Because yeah, I think one way or the other, how do you slice it?
02:31What we're talking about is right. The issue of intent, right?
02:33You can't have a crime at the, at least this crime without the intent to commit the crimes for which Diddy's been accused.
02:38They're saying it may be, Harvey, I think you're onto something here that it may just be caught up in this entire lifestyle.
02:43There's no intent to commit a crime here.
02:45What there's an intent is to have a sometimes drug using people are consensual, consenting to drug use.
02:51And, and then it leads to a lot of sex, but it's all part of this, this party freak off atmosphere, this swinging atmosphere.
02:59But it doesn't mean there was ever an intent to commit a crime.
03:02It doesn't mean any crime was committed just because all the people were sort of wrapped up in this partying lifestyle.
03:07I want to go just a tiny bit further than that.
03:10It's not even so much intent as what they did is what people do when they take drugs.
03:17We know the defense is going to say everybody, they're going to argue everybody voluntarily took these drugs.
03:23And that when you do, there are inhibitions that just go away.
03:28And it is part and parcel of doing this, even though the jury may not be familiar with it, this is what happens when people do drugs.
03:36That's going to, I think that's the point of the defense calling to shrink.
03:40The reality is we don't know in the documents, there's a lot of it that is redacted that has to do with what this condition, the alleged condition is.
03:51So we can't tell for sure, but certainly prosecutors think that it's going to be something about his capacity to make decisions.
03:59Because there's a part of it, I just want to read this part that says, they did not offer proper notice, the defense, about evidence of the effects of drugs and alcohol on a defendant's memory or cognitive function.
04:11Now that could be.
04:12So that's what prosecutors clearly think that the doctor is going to testify to.
04:15But that may not be Diddy, that may be the alleged victims.
04:18See, that's the point, is that that may go to not what Diddy's memory was, it's what the alleged victims' memories were.
04:26And again, I am sure the defense is not going to concede, oh, he committed a crime, but they're not going to say that.
04:35So I think the shrink is going to testify, you know, when the alleged victims testify, their memories may be faulty because here's what happens with drugs.
04:46Again, I'm not embracing this.
04:48I'm just saying.
04:48The problem with that is that Diddy also did those drugs.
04:51Right.
04:51Right.
04:51So they're saying it's all the lifestyle, which is what we heard on Friday.
04:55Now, a huge blow to the defense is that on Friday, the prosecutors won and the Cassie video is going to be admitted in this trial.
05:09And that is going to be critical.
05:12Yeah.
05:12We know it's going to be critical.
05:14I mean, one, we've all seen the video.
05:16We know everyone has opinions about it.
05:18And we saw this in practice when we did our last Diddy documentary and we talked about his potential defense.
05:28We had a mock jury and they saw the video.
05:32And they also heard the arguments on both sides and they deliberated and they were on three counts and they were hung up on two of them.
05:44But on the sex trafficking, they convicted him unanimously.
05:49And I debriefed them and asked them what moved them.
05:53How many people did this profoundly impact in making your decision, that Cassie video?
06:00Show of hands.
06:02So it really impacted you folks.
06:06Did it turn it for you?
06:08Yeah.
06:09Why?
06:09Being a woman myself and seeing a woman like that just made me more sensitive to the whole case itself and probably maybe more siding with the victims, seeing a victim instead of him being the person that was attacking her.
06:25So I can't side with him because I don't see anything done to him in that light that was done to her.
06:30I didn't know much about the case at all.
06:32So I came in completely objective and watching him beat his girlfriend, he's like prohibiting her from leaving as well.
06:41It's very distressing to watch.
06:43It had a huge impact.
06:44And again, you know what's interesting?
06:45He's not being tried for that, but it is impactful.
06:48What I thought was interesting is that the jurors who raised their hand, it was a cross-section.
06:53It wasn't just white people, it wasn't just black people, it wasn't just men, it wasn't just women.
06:57Everybody, yeah.
06:58That's absolutely, that's so important.
07:00Very telling.
07:01And by the way, will be extremely important when it comes to jury selection.
07:06And a lot of people think this case begins and ends with the composition of this jury.
07:10Now, that video, I think, certainly plays a role in at least one of the questions, not several, that Diddy's defense plans to ask the potential jurors when this, when jury selection begins a week from today.
07:24This just came out.
07:25Right.
07:25These are the, they filed 30 questions that they plan to ask during the voir dire process.
07:31Here are a few critical ones because they're clearly sex is going to be a big deal here.
07:36They said, there may be evidence in this case about people engaging in sexual relations with multiple sexual partners.
07:44Would hearing, hearing about that type of evidence be difficult for you?
07:48There was also a follow-up question about people cheating, where they say, look, we're going to, there's going to be evidence about people cheating on boyfriends or girlfriends.
07:58I think that is interesting because Diddy's explanation, I won't say defense, explanation for what happened in that Cassie Beating video is that they were arguing, that was the tail end of an argument about him cheating with someone else.
08:12That's right.
08:13That's where they, she had seen his phone.
08:14His phone.
08:15Now, I'm surprised at that first question.
08:18What I'm surprised about are the words, would it be difficult for you?
08:22I'm surprised at that because I thought they were going to make it more about whether jurors would be judgmental about it.
08:28Right.
08:28Not that it's difficult, but do you look down on people who have this kind of lifestyle?
08:36Because I think that's what you want to hear.
08:38And I'm assuming they're going to ask that in follow-up questions.
08:41Right, right.
08:41But it's not about, is it hard to hear?
08:44It's, do you judge people poorly if they engage in that type of lifestyle?
08:50That, to me, is what the defense wants to hear.
08:52Yeah, I think you're right.
08:53That's what they're trying to get to there.
08:54But, obviously, there's a way they word these things and then follow-up questions.
08:58And then they can follow up.
08:59Right.
08:59Just a couple of the other questions that are in there.
09:01There are a total of 30.
09:03One, this is interesting.
09:04Do you believe that wealthy people get away with things that the less wealthy do not?
09:09That's the celebrity justice question.
09:10That's the celebrity, exactly.
09:11Are you going to judge him because he's a celebrity?
09:14How are you going to feel about that?
09:15And then another one about drug use.
09:18Do you have any personal experiences, experiences, or opinions about drug or alcohol use or addiction?
09:25See, the hard one there is, are jurors going to be honest about that?
09:31Yeah, I've done cocaine and heroin or MDMA.
09:34Well, you could also say, I have a friend and I saw what they went through, right?
09:38So, you know what I mean?
09:40Like, there's a way around.
09:41The juror doesn't have to go.
09:42You know what I'm saying.
09:43Yeah, I did lots of go.
09:44But you know what I'm saying.
09:45It's like, how far are these jurors going to go?
09:47They're not going to go on trial.
09:49They're not suddenly going to find themselves on trial if they say, well, yeah, I did try MDMA.
09:53Some of them are going to feel that way when they're asked that question.
09:56I just think that's a really interesting, it's an important one.
09:58Yeah.
09:58But I think it's really interesting.
10:00What's up, everyone?
10:01I'm AMG Benzo down here in Atlanta.
10:03And I have three things to hit on.
10:05The Cassie video is definitely playing a big part in this whole, the jury and what they decide to go with.
10:11The jurors being selected is going to be a major thing because it's going to be hard to answer those questions you all said.
10:16And them saying the intent behind Diddy's drug use, I just don't see that happening because at the end of the day, he runs several businesses.
10:24And I get that these happen, they're freak-offs.
10:26But it's still, even when you look at the Cassie video, that happened during the day.
10:30So some of these incidents aren't all happening at these freak-offs that they're talking about.
10:35But I don't know.
10:36I wouldn't want to be on the jury.
10:38That's just me.
10:39Interesting.
10:39I wonder how many people do want to be on that jury because I think a lot do.
10:44I think a lot do.
10:45I think a lot of people have made up their mind.
10:47This, just based on what they've seen so far, this case is going to largely be determined by the composition of this jury.
10:55This is a very, very, very good.