Diddy will finally face a jury of his peers who will determine his fate for the rest of his life ... but finding the right jury -- for each side -- is gonna be a Herculean task.
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00:00So the day has come. Diddy is now officially on trial for crimes that could put him away for the
00:08rest of his life if he's convicted. And I got to say, before we get into the strategy of picking
00:16a jury, which is what they're going to be doing this week. Underway right now. Underway right
00:20now. The way he appeared itself is really interesting. It's also part of strategy,
00:27no doubt. That is Diddy on the right there in a black sweater with a white, looks like a button
00:34up shirt underneath it. And his hair, extremely white. At first I thought there was a different
00:40sketch where I thought, oh, maybe it's just a little, you know, salt and pepper. No, his hair
00:45is considerably grayed. And interesting that they did not opt to dye that before he came into court.
00:51Oh, I think that makes total sense for the defense. You know, this is complicated for the defense,
00:57because at its core, they are going to acknowledge that Diddy led this kind of swinger lifestyle,
01:03but they're saying it was not criminal. So then, you know, you may think, oh, it's irrelevant how
01:09people dress. It is not irrelevant. And we've talked about this, that, for example, what the
01:15Menendez brothers did in that first trial that did not get them convicted, it was a hung jury wearing
01:20those sweaters where you try and make the jury think, how can I juxtapose what they did against
01:27what I'm seeing? And that's a way that really resonates with jurors.
01:32Your point is looking like a harmless older man.
01:35I think that's the point.
01:37Is the look.
01:37I think that's absolutely the point. He could, everybody thought he was going to come in in a
01:41suit and he did not. And I think that's really interesting, but jury selection is underway right
01:47now. Um, and I think there are some really interesting factors at play. Um, and we talked
01:55about this a lot in the two angry men podcast, um, myself and Mark Eragos, but I think it's worth
02:01talking about this, that, you know, there has been a lot of talk about minors being involved
02:08and celebrity sex tapes. We've just heard that the swirl since all of this started.
02:14But the reason we've heard all that is because some of those things have been alleged in these
02:18civil lawsuits that have been filed against.
02:20Exactly. And so the reality is neither of those play a part in the criminal case. And in a weird
02:27sort of way, the defense at least, I think would want jurors who believe that there will be evidence
02:36about minors. There will be celebrity sex tapes because. So here's my question. How do you get
02:42that out of a potential juror? Is there a question right now? You find out what, yeah, what the judge
02:46is asking, what do you know about the case? Because everybody's heard something. I mean, all these
02:51jurors, you can't find anybody in New York. So if the potential juror answers, well, I've heard that
02:56he may have done this, he may have done this. And they're mentioning things that are in the civil
03:01lawsuits for the defense. You want that person because once the trial starts, they're not going
03:07to hear any of that evidence. It disappoints. Because it has nothing. And it may read to them
03:13like, huh, the prosecution doesn't have as much as I thought. As much as I thought. And it happened
03:18in the Rodney King case. I covered it. It happened in the O.J. Simpson case. And, you know, in a weird
03:25way, you want jurors who are confused with all the civil allegations and the criminal
03:32case. So that's one factor that's involved here. Yeah, no, I think you're 100% right.
03:37You want that mismatch of the jurors' expectations that this is going to be tawdry, there's going
03:41to be sex tapes, there's going to be minors involved. And then when the prosecutors focus
03:45on just three main victims, or four main victims if you count Cassie, they're going to really
03:50feel underwhelmed. And I think that's going to play to the defense's strength. I think
03:53you're exactly right. I don't know they're going to feel underwhelmed. The other thing is not going
03:57to be, I mean, they're going to see that video. They're going to see the video. And we know that
04:03video will have an impact on that. Even though he is not being charged for this, it has nothing to do
04:09with any of the four counts he's facing. Everybody concedes. The defense, we know the defense knows.
04:14I mean, our sources are pretty good on both sides here. The defense knows that this is a huge
04:21mountain for them to climb. Yeah. And we know this in our documentary where we talked about
04:26Diddy's possible defenses. We had a mock jury. There were jurors who acknowledged that once they
04:33saw that video, it colors their view of everything else related to Diddy. So here's why it's going to
04:39be difficult finding a jury. Number one, the trial minimum is going to last, I know they said six
04:45weeks. That's not true. But we're here today. They said, well, that was what the judge said. Yeah. But
04:50what I'm hearing is the prosecutors have about six weeks of testimony. The defense has two weeks
04:58of testimony. But then when you add in closing argument, when you add in opening statements
05:04and not even counting deliberations and verdict, you're getting close to nine weeks with that.
05:10So good luck finding jurors who are going to say, yeah, I got nine weeks. You know, what
05:16about vacations? What about family? What about hardship with working? And also people, a lot
05:23of people just don't want to be part of this because they don't want to target whichever way
05:27they go. And so it's going to be hard. The final thing I want to say is bias, that you are never
05:36going to find jurors who have a blank slate. You almost don't want jurors with a blank slate
05:41because they're so disconnected. Right. But even if they have an opinion, what you're looking for
05:48are jurors who say, I can still just listen to the evidence and go the way it is. You can't just say
05:53to them, oh, can you be unbiased? Because they're all going to say yes or most of them. Right. And
05:58that doesn't mean they are. Well, you're trying to read things out of their other answers,
06:02right, to try and determine whether or not. That's right. Well, I think the game is actually
06:06what you first said. You're trying to bring people and import their biases when they favor
06:10your side. So obviously the defense is not going to want people who are very sensitive
06:14to domestic violence. They're going to say, that's going to cut against us because they're
06:17going to watch that Cassie video. On the prosecutor's side, they are going to want people who bring
06:22in those sensitivities to sort of amplify the stories of their witnesses during the prosecution's
06:26presentation of evidence. Final thing is, the way you ask about bias is not to say,
06:30can you put aside your bias? Because, you know, don't believe what they say. But what you say
06:35is, give me an example. Give me an example of something that you really believed at some
06:40point in your life that was important to you. And you actually, somebody changed your mind.
06:44Because if you can give a concrete example of that, it shows that they're open to it. But this
06:49is not going to be easy. Hey team, it's Malik Astrid calling out of Detroit, Michigan. And just
06:55reading more about this trial, I heard it is an awful female-based trial so far as the
07:00jurors is getting picked. And hoping that people picking the decision of the victims,
07:04because there's so much stuff that is up, this is one of those cases that you can read about,
07:08unfortunately, anytime you want to, even as a juror, to where, like you said, the evidence
07:12is already put out there. And it paints the story of Diddy and what he did so far to all these
07:16victims, minors, also these sex tapes. I have to agree with you how he owned that, too,
07:20that all this stuff should come into the fold, even if he's not charged for it. There's still
07:25some type of evidence of things he has done. By the way, Diddy spoke in court today?
07:30Yes. He spoke up and told the judge he was nervous. The reason that came up, he was asking
07:36for a bathroom break. About 90 minutes into the proceedings, into jury selection, he told
07:43the judge, look, I'm more nervous than I thought I was going to be. Could I get a bathroom break?
07:47Again, the judge allowed it. We are going to follow this every day. And we're actually going
07:53to have a Tubi special every week on Friday nights. We're going to have a documentary that drops
08:00where we are going to have insiders on what goes on in this trial.