Burden of Proof: The Defense’s Closing Argument

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Speaker 3 Hey, it's Brian.

Speaker 4 Court ended today with a theatrical closing argument from Sean Combs's lead defense attorney, Mark Agnifilo, and the government gave its rebuttal. On Monday, the case heads to the jury.

Speaker 4 We're going to bring you full analysis. Today, I joined my colleagues from ABC News Live on Burn of Proof: the case against Diddy.
The show streams weekdays at 5:30 p.m. Eastern on ABC News Live.

Speaker 4 You can find it on Disney Plus, Hulu, or on most of your favorite streaming apps. We'll be back in your bad rap feed next week as we await the verdict.

Speaker 5 Hi, Meeker Pilgrim. Thanks for streaming with us.
It has all come down to this. The fate of Sean Combs is now in the hands of 12 jurors.

Speaker 5 Combs' defense team presented their closing arguments today, asking jurors to have the courage to acquit Sean Combs and to, quote, return him to his family.

Speaker 5 The defense attorney telling jurors this trial isn't about sex trafficking, racketeering, or transportation to engage in prostitution. Instead, saying, quote, domestic violence is the issue.

Speaker 5 We own it. That's not charged.

Speaker 5 The defense is also attempting to sway jurors into seeing Combs' ex-girlfriend, Cassie Ventura, as a willing participant in his swingers' lifestyle, calling their relationship, quote, a great modern love story.

Speaker 5 Jury deliberations are set to begin Monday. The RAP mogul has pleaded not guilty to all charges.
If convicted, he could face up to life in prison.

Speaker 5 Let's get right to to chief investigative correspondent Erin Katurski, who has been inside the courtroom throughout this trial.

Speaker 5 And Erin, the defense wrapped today, how long did their closing arguments take?

Speaker 6 About four hours. Defense Attorney Mark Agnifilo in that time, Eva, sought to convince the jury of the times when Cassie Ventura had agency in her relationship with Sean Combs.

Speaker 6 She wasn't clutching her pearls, Agnifilo told the jury. She chose the kind of lifestyle also that Sean Combs was into.

Speaker 5 The defense asked the jury to see the case as a quote great modern love story. Can you please explain this moment to us?

Speaker 6 It was a moment where the defense really tried to reframe everything the jury had heard about the relationship between Cassie Ventura and Sean Combs.

Speaker 6 He urged them to read all of the text messages they sent each other. He said it would make you cry.
Some of the most beautiful things he had ever seen. And he said it was true love.

Speaker 6 It was a great modern love story.

Speaker 6 Perhaps whitewashing the fact that he beat her, as prosecutors later pointed out in rebuttal, throughout the years of their relationship.

Speaker 5 Mark Homes has been in this courtroom for over a month now, Erin, his family and friends often attending there in support. Who was there with him today?

Speaker 6 All of the kids, they just left, as a matter of fact. His mother was there.

Speaker 6 He gestured to to them on the way in and he hugged his defense attorney, Mark Agnifilo, after he finished delivering the closing statement.

Speaker 6 This was the last chance that Combs will have to try and convince the jury to find him not guilty. And the defense asked jurors to summon the courage to acquit Sean Combs.

Speaker 6 Defense Attorney Agnifilo said the government targeted him with evidence that could not support the charges.

Speaker 5 So Aaron, what's next in this case?

Speaker 6 The jury is done for the weekend. They're going to be back on Monday morning.

Speaker 6 They'll hear the judge's instructions on the law and then begin deliberating the charges that could put Sean Combs in prison for life if he's convicted, something the defense was desperately trying to avoid with their arguments today.

Speaker 5 Aaron Katarski for us there at the courthouse looks very busy behind you. Thank you so much.

Speaker 5 And now ABC News legal contributor Brian Buckmeyer is joining me to discuss the impact of these closing arguments prior to deliberation. Brian, how did the defense close their arguments here?

Speaker 4 So it was very interesting.

Speaker 4 We started off with a quote from actually one of Cassie's posts on Instagram that's still on her Instagram page now and talked about domestic violence is the issue, saying that this was about domestic violence, a theme that the defense has brought up from the beginning of this trial, and it was not about sex trafficking, trying to reframe that Sean Combs, just like Tenny Garrett said in the opening statements, is a flawed man, an indefensible man, but the allegations in which he's being accused of are not things that he's done.

Speaker 5 Can you tell us more about the attorney who presented today's closing argument?

Speaker 4 Mark Agnifilo is the lead attorney in this case. You might have seen him in the Nexium case as well.
He's well known throughout the Southern District of New York and in federal court cases.

Speaker 4 He did the closing arguments here. And if Agnifilo makes or sounds familiar to you, Karen Agnifilo, his wife, representing Luigi Mangioni, but we'll kind of move on from that.

Speaker 4 He gave the arguments here and the trial.

Speaker 5 Okay, so the federal prosecutors have argued that the video of Combs dragging Ventura is sort of the

Speaker 5 linchpin moment of this case, right? The defense had a really different spin on this today.

Speaker 4 Interestingly enough, even if you look at Jane Rosenberg, she is the sketch artist here drawing about this. Sean Combs has a cell phone in his hand.

Speaker 4 And what the defense is arguing here is that this is about getting a cell phone, whether it would be Cassie or Sean Combs's back, and that when he had the opportunity to get the phone, he took it and left, even reframing the idea that he didn't throw the vase at Cassie, instead, throwing the contents of the vase, the flowers, still a bad thing, and the vase fell on his feet.

Speaker 4 And it wasn't that he was trying to drag her back to a freak-off.

Speaker 4 In fact, when Israel Flores came up, one of the security guards, he's saying that he can see Cassie saying, get back to the room, get back to the room.

Speaker 4 Agnifilo making the argument that there was no danger back in the room. There was no freak off in the room.
This was about jealousy. This is about that phone.

Speaker 5 Okay, what did the defense attorney want these jurors to take away from everything that they heard?

Speaker 4 So all of the predicate acts, right? He didn't kidnap anyone. He didn't obstruct justice.
He didn't bribe anyone.

Speaker 4 Each and every time, giving a piece of evidence and giving his rendition, his version of why this wasn't a racketarian conspiracy, why these were not predicate acts, ultimately walking through each and every charge and explaining about the lack of credibility of some of the witnesses, how they might have exaggerated or lied in the opinion of the defense, or that the elements of the crime were not made out because it just doesn't make sense that Sean Combs is not part of a criminal enterprise, but instead a self-made billionaire.

Speaker 5 Brian, thank you so much for being with us. With closing arguments wrap the jury, the case will now go to the jury on Monday.
What will happen inside the closed doors of that deliberation room?

Speaker 5 Here to give us some insight into the process is Eric Rudick, a senior litigation consultant. And Eric, you're not involved in this case, but you are an expert on jury behavior.

Speaker 5 Sean Combs isn't just any defendant. He's a major celebrity.
So does that typically come into play with a jury?

Speaker 7 Yes, absolutely. So regardless of the criminal case, the jury understands the gravity of their decision and that they ultimately are deciding the fate of an individual.

Speaker 7 But especially in this case, with all the media attention, all the people in the courtroom, and their familiarity with Sean Combs, they're certainly even more attuned to the importance of their decision.

Speaker 7 And they're going to weigh the evidence and I believe, you know, consider all the evidence and decide the case accordingly.

Speaker 5 What do you expect those first minutes of deliberation will be like for a jury, for this jury?

Speaker 7 So these are the only 12 people in the world that haven't been able to watch any news about the trial or even speak to each other.

Speaker 7 So, and after almost two months of very emotional testimony, they're going to want, it's going to be very cathartic. They want to talk about the case, talk about moments in the trial.

Speaker 7 So before they even start to consider the verdict questions, I feel, you know, based on my experience in talking to jurors after trials, they're going to spend the next first one or two hours just, you know, just getting everything off their chest before they start to really deliberate and decide each of the charges against Sean Combs.

Speaker 5 No, no cameras were allowed inside the courtroom during this trial, but the national media and even some high-profile people were in that courtroom.

Speaker 5 Is that something that jurors would typically be impacted by in any way?

Speaker 7 Certainly,

Speaker 7 regardless of the trial, but especially in a case like this, their familiarity with celebrities and their liking them and having those folks support Sean Combs can certainly impact them.

Speaker 7 But ultimately, they've heard two months of testimony, and I think all that's going to go into the background when they speak to each other and ultimately look at the evidence that they heard in the two months, consider the, you know, what the prosecution and the defense, how they wrapped up the case in terms of their closing arguments, and you know, you really deliberate and decide the case.

Speaker 7 And I think all that will not be as important once they start to deliberate.

Speaker 5 The gravity of this for this jury, you mentioned that earlier, determining someone's fate. What kind of evidence typically does well with juries? What typically does not?

Speaker 7 So, jurors do not like circumstantial evidence. They want to see direct proof, especially if they are going to, if the burden is beyond a reasonable doubt, which it is here in any criminal trial.

Speaker 7 So, they want to see the physical evidence, and they also want to see evidence that corroborates other witnesses' testimony. So, that's going to be very important how they weigh the decision.

Speaker 7 The videos, all the corroborating testimony is going to, I believe, is going to be very important for their ultimate decisions in this case.

Speaker 5 Eric, thank you so much for being with us. We really appreciate your insight.

Speaker 6 Sure.

Speaker 5 Still ahead. Closing arguments in the Sean Diddy Combs trial.
The defense trying to convince the jury their client is not a sex trafficker. Were they convincing? Our legal experts weigh in.

Speaker 5 That's next.

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Speaker 5 Welcome back, the jury, and the Sean Diddy Combs trial set to start deliberating Monday. Today, the defense delivered a closing argument that was at times theatrical.

Speaker 5 Let's break down the strengths and weaknesses of their closing. ABC News legal contributors Brian Buckmeyer and Bernarda Violona are here.

Speaker 5 Brian, the defense had some colorful statements today, including, I just want to read a few of them.

Speaker 5 Boxes of Astroglide take him off the streets, referring to the lubricant that was found in Combs' garage. And when talking about Cassie Ventura, he said this, she's a woman who actually likes sex.

Speaker 5 Good for her. She's beautiful.
Brian?

Speaker 4 Not the way that I would have done it. Stylistically, I think not the best way to do it.

Speaker 4 But I think for Mark Agnifilo, the way he's coming across is someone that is explaining a case as if you're sitting in a bar.

Speaker 4 And I think for the important part of this is, what do those 12 people think about it? I did not like it.

Speaker 4 I know many of us that are in the audience didn't like it, especially calling this a modern day day love story. He beat that woman relentlessly.
We saw it on a video.

Speaker 4 That's no love story that I've ever read or have known about, but it seemed like in the points that he was making in terms of why certain evidence didn't connect to the crimes, the jurors were engaged.

Speaker 4 I think they liked his personality. It came off more authentic than when we saw it from the government of just reading and telling the elements and walking bit by bit.

Speaker 4 So yeah, he swung for the fences, missed a lot, but he made some connections in other parts.

Speaker 5 Bernardo, I see you furrowing your brow over there.

Speaker 11 So from the prosecution standpoint, looking at the closing argument of Mark Agnifilo, I mean, he made a joke out of the whole court system. He made a joke out of the whole closing arguments.

Speaker 11 It was like a complete mockery of the government's case and of the closing.

Speaker 11 And I think that may backfire on him because, literally, for the first hour or so, it felt like I was sitting in a comedy show. And that's hard.

Speaker 11 You know, some cases you can make it, you know, a little bit of laughter, stuff like that.

Speaker 11 But when you have video of a woman getting beaten brutally beaten and when you have text messages that actually corroborate in a sense of the feelings of what these women went through and when you know when some of the testimony is that uh escort urinated in cassie's mouth pretty much waterboarding her and having to have sex or with a uti or on her period so you there is testimony that is just so gruesome and for you to make a whole mockery of it, I think it may backfire him.

Speaker 11 Yes, he did the most that he could in terms of arguing the predicate acts, why it's not predicate acts and why there's no racketeering conspiracy.

Speaker 11 But he also lost credibility on another point, which is having to deal with the MAN Act, transportation to engage in prostitution.

Speaker 11 Because for him to say that Sean Combs was paying for time, quality time, not for sex, I think he lost credibility with that argument.

Speaker 11 And that may have trickled down to the rest of what he was saying.

Speaker 5 All right, strengths and weaknesses, Brian, you go first.

Speaker 4 I think the strength, the style of which Mark and Nifalo did, not necessarily the presentation, but the arguments that he makes.

Speaker 4 I think for him, what I saw is he took a central theme or idea that people might think be universal.

Speaker 4 One I think that might have worked out well, and I saw some of the jurors really respond well to it, is this allegation of Cassie being raped and the text messages as to whether it happened in September or in October.

Speaker 4 And his argument was that Cassie was with Sean Combs, her then ex, because she's with her now husband. And while having intercourse with him, the husband called.

Speaker 4 And he's saying, well, guys, this is a story that we all understand that because she got caught, she has to make up a lie. And she made the biggest of lies that she was raped.

Speaker 4 That is a concept that I think people are like, okay, why would you lie in that sense? I kind of get it. And I think that helped him.

Speaker 4 But on other aspects where he's talking about this being a modern day love story, or some of the points that Bernarda made up, it's like, dude, like, where are we going with that?

Speaker 4 Like, stick to your strengths. Don't waver off.

Speaker 5 Bernarda.

Speaker 11 I have to say, I have to take it back to one of the bail applications where Judge Justice Carter said, what does love got to do with it?

Speaker 11 You know, that's what played in my head when he was talking about this modern day love story. But also in terms of another,

Speaker 11 well, actually a strength of his, aside from doing the predicate acts, I think one, having to deal with the kidnap and what he told this jury, you come here in the morning and you're not allowed to leave until the end of the day.

Speaker 11 Do you feel like you're kidnapped? So that's number one. But two, when

Speaker 11 he blew up a picture of Sean Combs and KK is in it and a lot of other people talking about over 20 other people that are inside of that photo.

Speaker 11 And he asked this jury, what's the one thing that comes to your mind when you see this photo? You know, is it joy? Is it happiness? Is it family? Is it business?

Speaker 11 And he said, the one word that doesn't come up is racketeering conspiracy.

Speaker 11 The government wants you to think that this photo right here of Sean Combs, KK, and like 20 other people gathered is racketeering conspiracy. And this is not it.

Speaker 11 So I thought that those were two strengths in the defense closing.

Speaker 5 The prosecution got to give a rebuttal. Yes.

Speaker 11 How do you think they did? The prosecution's rebuttal, Maureen Comey came out swinging.

Speaker 11 She went head on.

Speaker 11 I mean, I think it was like a head-on collision when she came out literally because she was so aggressive and so passionate, but she needed to be because she had to show her disgust for the mockery that Mark Agnifilo made of this entire closing argument and of the case in general.

Speaker 11 And she hit it point by point everything that Mark Agnifilo had said and also re-emphasized to this jury in the sense of, did these women want to have sex on with a UTI, with a code score sore, being beaten?

Speaker 11 And we emphasize in terms of what is the conspiracy? Who are the people part of this conspiracy?

Speaker 11 And how it's a mockery and defies logic in the sense of you think that he was paying just to have them for quality time.

Speaker 11 It's in his own messages when he was texting, Sean Combs was texting, the head of Cowboy for Angels was like, look, here's $1,000 for that bum-ass cowboy.

Speaker 11 Like, because he couldn't perform, but yet he still paid $1,000.

Speaker 4 And to piggyback off of that, when Mark Agnifilo was doing his closing argument, AOSA Comey was chomping at the base.

Speaker 4 You could see her just waiting, rolling her eyes. And even behind that, you saw Sean Cohn's leg puttering like this.
Right.

Speaker 11 And when a defendant is acting like that, you know you're doing a good job as a prosecutor.

Speaker 11 But I also have to point out that Mark Agnifilo, because of certain statements that he made during his closing argument, the judge had to step in and give a curative instruction to the jury to be like, look, what was said, pretty much is saying, look, what was said was wrong.

Speaker 11 You are ultimately the judges of the facts. You're not too determined about some, this is a targeted prosecution or why specifically they were going after Sean Colbs.

Speaker 5 All right, we're out of time. I know we could talk about this for a lot, a lot longer.
Fernando Brian, thank you both for being here with us.

Speaker 5 Coming up, YouTube star Tisa Tales is here to dish about what people are talking about with this trial. And Diddy's son teaming up with Yay on a new song, What or Who's It About? We'll tell you next.

Speaker 3 It started with a phone call. In the early hours of the morning.

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Speaker 3 A terrified woman woman tells the operator she's been kidnapped, assaulted, and that she's trapped in a room with her attacker.

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Speaker 5 Welcome back. Another busy day in court today as the jury prepares to deliberate in the Sean Diddy Combs trial.
YouTube star Tisa Tells is back with us.

Speaker 5 She's been at the courthouse every day since the trial started, giving her more than half a million subscribers. The inside scoop on all the days happening.
Tisa, thanks for being here.

Speaker 10 Today,

Speaker 5 what have your followers been saying today?

Speaker 14 Everybody's been going crazy. They're super proud of the way the prosecution pulled through.

Speaker 14 Mark Agnophil got up there, Yana, and he did his thing and he was really good until he went into kind of creepy misogynistic territory is what a lot of people thought.

Speaker 5 but the prosecution on the rebuttal really pulled it through. So Combs's family has been in court kind of on and off again today like pretty much everyone was there.
What was the vibe like in court?

Speaker 14 The vibe was hopeful. Again, they were looking at Mark Agnifilio when he started.
He came out with a bang. He is a showman.
As much as I tease him, we know why Diddy spent millions on him.

Speaker 14 And when he came, they were looking at him like he was the archangel Michael coming out with his sword and ninjas swinging. And they were just feeling like, yes, yes, yes.

Speaker 14 And when they saw the jury nodding along, smiling, laughing with Mark Agonophilio, I think they finally saw their version of justice getting served.

Speaker 5 The jury will start deliberating on Monday. None of us know kind of how this will go or how long it will take.
What is your plan as you wait?

Speaker 14 My plan is to be there every moment of the day. You know, the juries, I've heard a lot from the OGs at ABC because you guys have done so much.

Speaker 14 The ABC people in the courtroom said that, you know, jury notes get passed to the judge when the jury has questions and you never really know when the jury is going to come out.

Speaker 14 So I'm going to be camped in there giving updates live, but really just hanging on because I don't know like anyone else.

Speaker 11 How made up are the minds of the jury?

Speaker 14 Do they have an idea or is this going to be 12 angry men in the room? So I'm really excited to actually see how this plays out.

Speaker 5 Yeah, and they have the weekend, all of them, to think about it. Yeah.
What do you think it's going to be like when this verdict comes in?

Speaker 14 I think it's going to be pandemonium. You know, again,

Speaker 14 if anybody's ever watched my YouTube channel,

Speaker 14 you know, you know where my mind stands, but there's a lot of people that really, really support Diddy, and both sides are super, super passionate.

Speaker 14 So I think it's going to be pandemonium just because outside in the court every day there's pandemonium.

Speaker 14 So I'm sure when the verdict's read, it's going to be just like the first day, a full house, everybody around, and everybody feeling passionately.

Speaker 5 Give us that color because a lot of people haven't been down to the federal courthouse. They don't know what the scene looks like there.
Explain to us what that pandemonium currently already is.

Speaker 14 Honestly, outside, it's kind of like a carnival. People are screaming at each corner, Free Diddy, he's innocent, you're destroying a man's legacy.
Other people are screaming, no, he's guilty.

Speaker 14 People have gotten into fights over just random strangers.

Speaker 14 When you're waiting out front in the line, even with the pandemonium with the line sitters and the circus with that, people are just getting really amped up, heightened emotions.

Speaker 14 And for some reason, good or bad, people see themselves in Diddy, people see themselves, of course, in the victims and survivors. And it literally is just boiling over more and more and more.

Speaker 14 It's turning into pure chaos out there. So when the verdict is read, I am sure they are going to secure the front of the courthouse as best they can.

Speaker 14 But again, everything's already starting to boil up with closing arguments. So it's going to be interesting.

Speaker 5 Tisa, thank you so much for being here with us. Always so good to have you.

Speaker 5 Time now to take a look at some of the day's top online searches surrounding this case. People clearly have questions.
And we have ABC News contributor Kelly Carter joining us now from LA.

Speaker 5 She always has the answers for us. So Kelly, let's start here.
People are searching new music from Diddy's son and rapper Ye. What's going on here?

Speaker 9 Yeah, you know, so as we know, and we knew this a while ago, that Kanye West, formerly known as Kanye West, and King Combs, John Combs' son, were working on new music together.

Speaker 9 And at midnight, they dropped a seven

Speaker 9 single EP. And one song, of course, is dedicated to his father.
And he talks about how no one is going to get any sleep until his dad is free.

Speaker 9 And that's something that people are searching for and trying to find context clues, but also see what they're talking about in that song.

Speaker 5 Another question people are asking, is Cassie Ventura still making music?

Speaker 9 Now, here's what's interesting. You know, it's been almost 20 years since her first and only album came out from that 11 album deal that was in 2006.

Speaker 9 And at the end of last year, been it was reported that she was actually hoping to release music that she had recorded all these years but that never saw the light of day and that she's just kind of you know tweaking them a little bit and is looking for a deal and probably you know maybe might release some new music I think if ever there's a time to release some new music from her now is probably that time yeah it's a wait and see but maybe we'll actually see new music from her people are also looking up diddy kids yeah I wonder if that's a reference to this new, you know, King Combs album.

Speaker 9 But of course, all of the children, with the exception of one, showed up in court for these,

Speaker 9 you know, kind of closing statements from both sides.

Speaker 9 So we have seen, you know, infrequent appearances from all of the children, but all of them, with the exception of the baby, were there in court today listening to these closing statements and these final statements.

Speaker 5 Kelly Carter, thank you so much for being with us.

Speaker 10 Thanks for having me.

Speaker 5 Thank you for joining us. We'll be back when the jury has a verdict.

Speaker 5 For even more on the Diddy trial, make sure to follow our podcast, Bad Rap, the case against Diddy, hosted by our very own Brian Buckmeyer, wherever you listen to podcasts.

Speaker 5 I'm Eva Pilgrim in New York. Have a good weekend.

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