Combs' Shapiro: Eddy Garcia said the money was for the video, nothing more. Ms. Ventura appeared on Facetime and said she had a movie coming out and did not want this video coming out. The NDA permitted Garcia to report to law enforcement

Combs' Shapiro: On obstruction, they have to show intimidation or threats to hinder or delay - citing Arthur Anderson v US, there must be consciousness of wrongdoing. Here the incidents involve Mia and Jane. On Mia, there's not actus reus

Combs' Shapiro: This is about D Roc trying to get Mia to speak with Combs. But it sounds like a normal conversation until her "radar" went off - no threats were communicated. All D Roc said was Puff wanted to talk with Mia. They wanted her to say something - P.R.

Combs' Shapiro: Her reactions could not have been foreseeable to D Roc or Mr. Combs, she did not even answer Mr. Combs' calls later that day. D Roc didn't bring up money, she did - she said she was out of dollars, D Roc never acted on it

Combs' Shapiro: D Roc said, if you don't want to, all good. The prosecutors characterized these as "nice" messages. There was no evidence D Roc or Mr. Combs thought Mia felt threatened. So this is not witness tampering

Combs' Shapiro: There would have to be proof Mr. Combs knew of a Federal investigation at that time, there is none. With respect to Jane, they have November 19, 2023, no threats. Mr. Combs said, this is when I need you to be there for me

Combs' Shapiro: Mr. Combs was already paying Jane's rent, there was nothing in the call about it. This is not corrupt persuasion. There's no Federal nexus. Now they want to argue 1591(d), that would be a constructive amendment as we'll say at the charge conference

Combs' Shapiro: Anyway we think that statue is unconstitutional. On force labor, the statute was meant to enforce the 13 Amendment, it is used for domestic workers, here legally or nor, forced to work, squalid conditions

Combs' Shapiro: These are able bodied USA citizens perfectly capable of leaving. When they wanted to leave, they did. What the two were most afraid of was LOSING their job. With respect for Capricorn Clark, she continued to work to show she hadn't stolen it

Combs' Shapiro: Not being paid overtime is not forced labor. Capricorn Clark said Mr. Combs told her to "Get the f*ck out of my house." She says that was "crossing my boundaries." She got a higher paid job.

Combs' Shapiro: She alleged wrongful termination - presumably because she wanted to stay. Then 50 Cent ... With respect to Mia, she had a high GPA, she got her later job with Madonna. So the elements are not met with them either

Combs' Shapiro: On kidnapping, there is insufficient evidence as to 2 of the 3 allegations, even if you credit the US witnesses. Capricorn Clark and the lie detector test, Uncle Paulie took her to the building, this does not satisfy NY law, Mr. Combs didn't know

Combs' Shapiro: She went willingly everyday. The other, Cassie at the London Hotel, she says she was taken there and held there for several days. California law has four elements, not met here. On arson of Kid Cudi's car, no evidence Mr. Combs was involved

Combs' Shapiro: On Count 2, Mr. Combs would have to know - I'll focus on his mens rea. It's about what he understood. How could he understand? Cassie said she did the freak-offs to make Mr. Combs happy. She didn't communicate reluctance. Look at the texts

Combs' Shapiro: In the Inter-Continental, the fight happened after the night of sex, and there was no s***after the violence. The video seemed to show that Mr. Combs after he gets the cell phone just sits in the chair in the elevator lobby. So no mens rea

Combs' Shapiro: As to Jane, she engaged in s***for economic benefit, for example the house. There was only 1 incident of violence, which I'll get to. The fraud theory is deficient as a matter of law. Turks trip ultimately happened. She wanted to go out to dinner

Combs' Shapiro: This would sweep in a lot of romantic partner. It has vagueness problems. People do this all the time, it's not fraud. Immigrants being tricked into s***for green cards is different. He's a wealthy individual but won't take her on a yacht

Combs' Shapiro: They never alleged s***trafficking of Jane until they found out she was alleging a circle incident of assault. That is telling. This theory of fraud is incredibly weak. The fight at Jane's house in LA, this single act is not sufficient.

Combs' Shapiro: There's no evidence that escort came from outside of California. Escorts were paid for their time. Both witnesses said they were not prostitutes, Phillips and Hayes. They were called entertainers or escorts. Thank you your Honor.
Judge: Government?

AUSA: There is more than enough evidence. Your Honor can reserve on that. If you'd like argument, I'd like a bathroom break.
Judge: I can reserve.
AUSA: The defendant should be allocuted.
Combs' Agnifilo: Give me a moment.

Judge: Mr. Combs how are you feeling?
Sean Combs: I'm doing great. I wanted to say thank you, you're doing an excellent job.
Judge: Do you understand that whether to testify or not is up to you, do you understand?
Combs: Yes, your Honor.

Judge: It is your decision not to testify?
Sean Combs: Yes it is my decision. Solely my decision. With my lawyers.
Judge: Thank you. Shall we take time to allow stipulations?
Agnifilo: Yes

[Break]

take a long one

3:07 pm they've back
Jury entering
Judge: Now the defense case.
Combs' lawyer: We enter into evidence this stipulation about devises provided to the government by Casandra Ventura... Mr. McCloud, DX 1402, can you highlight row 5?
[Public screen is not on]