5 Reasons P. Diddy Says He Should Be Let Out of Jail

Friday is a big day for Shawn Diddy. comes the indicted rapper will present. his Arguments for bail in front of a new. judge but what is the prosecution have. to say about this we're going to preview. both sides and what we can expect right. now with Dina Dal welcome to sidebar. presented by law on crime I'm Jesse. Weber okay I want to do something. interesting right now I want to break. down what we can expect from tomorrow's. bail Hearing in the Shawn comes case. what the arguments will be who may ask.

actually win this will Shawn Colmes. actually be granted bail pre-trial. release after what two months being. locked up in the Metropolitan Detention. Center he was previously denied bail by. other judges but will the current judge. overseeing this case judge Arun sub. Romanian feel a bit different this would. obviously be a huge win for the former. music mogul who's facing Federal sex. trafficking racketeering and. prostitution charges by the way thank. you for following us on our continued. coverage of the Shawn Colmes case and I. want to call out our sponsor upside.

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make sure to use our promo code sidebar. because you'll get an extra 25 cents. back on every gallon on your first tank. of guess hope you can check it out so to. help me break down what the arguments. could be what we can expect and by the. way I'm basing this off of Prior filings. by both the prosecution and defense but. to help me break this down I want to. bring on attorney Dina D who is joining. us here in studio Dena good to see you. thanks for coming here on set it's great. to be here with you so a lot of things I. want to get to the first one I want to. start with is actually something that. happened the other day so judge subber.

manian said this week and I thought it. was so not noteworthy that there was. this hearing regarding whether the. prosecution illegally obtained attorney. client privilege material from Shan. com's jail cell put that issue to the. side at the end of that hearing judge. subber Manan seemed to warn the. prosecutors that they need to be. prepared to distinguish sha com's case. from the case of Mike Jeff the former. CEO of abian Fitch who is just arrested. and indicted on sex traffic traffing.

charges in New York the eastern district. of New York another federal court this. was after Colmes was already arrested he. is accused of operating an international. sex trafficking ring where young men. would be lured into sex acts using Force. fraud coercion very similar to what Sean. Colmes is accused of doing but in that. case Mike Jeff granted bail $10 million. bail that included home detention GPS. monitoring we know that Sean Colmes has. offered a $50 million bail package home. confin inment 24/7 monitoring by private.

security visitor logs could be provided. to be to the court no phone or internet. use so you have these two cases and the. judge said to the prosecutor be prepared. to distinguish both of them what do you. think well that's certainly his best. argument for getting out on bail because. as you said their charges are very. similar their wealth is similar what. they're able to do in order of like. providing the 24-hour security all of. these assurances that dy's lawyer is. saying that they're going to do to the.

court you know essentially that is how. this other CEO go got out on bail the. arguments we're going to hear from the. prosecution is how they are different. and essentially the same things that we. heard with the initial bail he hearing. when it was denied you know one that he. is a continuing threat to You know. despite even this 24-hour security you. know Diddy is known to very well be able. to like manipulate people he'll be able. to manipulate the 24-hour security he. can still be a threat in a way that he.

can't be behind bars and um how he was. where he was arrested how he evidently. had drugs on his possession all of that. is going to come back again and then the. idea of is he going to interfere with. the prosecution itself is he going to. communicate with have more social media. posts is he going to contact Witnesses. so those are the differences that the. prosecution is going to um really stress. and the defense is going to stress the. similarities between the two cases in.

particular the charges and the wealth. let me ask you this generally speaking. for federal sex trafficking cases like. this my understanding there is a. presumption of detention right and it. would be up to the defense to rebut that. presumption prosecutors have said he. hasn't done that but generally speaking. it would be tough for him to make bail. let alone after being denied twice well. to your point for one it's a different. judge and this judge gets to look at it. day noo as I said a completely new view.

he's not bound by the other judges um. opinion on this and every judge does. look at facts a little bit differently. and then to your point I think you know. where you started out at is the fact. that this other CEO since that has. gotten a very similar bail package you. you have there you do have to you know. treat people similarly you have to the. just the prosecution now has to justify. why he would get a separate treatment. which they didn't have to the first time. around they might have had a win then.

the last this week I mean we'll get into. that in a second about what they're. alleging but one of the events that I. think is going to come up one of the. events the prosecutors have highlighted. before to suggest that Shan Colmes is a. danger that he can't be out on you know. bail a serious factor in a bail analysis. by the way how much of you are a danger. to society and it's again something I. think could be brought up is the 2016. videotape of him purportedly beating his. ex-girlfriend Cassandra ventur in a. hotel hallway believe she is referred to. as victim one in the case we don't know. for sure but it looks like she's victim.

one and while prosecutors have suggested. that this is evidence of him attacking. somebody who is trying to escape a freak. off in that hotel the Freak off the. central allegation in the indictment. these coerced sometimes drug fueled sex. parties that this is evidence of sex. trafficking com's attorneys have said. look this was an unfortunate domestic. spat okay it's not evidence of. racketeering or sex trafficking it's. just they had a really toxic. relationship and the defense has seemed. to say look we have text messages.

between sha comes and victim one that. show this was just a toxic relationship. the prosecutors have said defense you're. cherry-picking messages you're creating. a misleading picture here rather there. are messages between the two that show. one it shows his physical abuse of her. and two his threats to expose recordings. of freak offs if she didn't do what he. wanted there are text messages that they. highlight you know what sick and. disgusting s i was reminded of the other.

day you forcing me to blank or you were. going to leak some S I have a black eye. and fat lip you were sick for thinking. it's okay to do what you've done Dena. two different perspectives here how. important is that 2016 tape and maybe. just the relationship between him and. victim one going to play into this well. certainly for the first judge that tape. was important it was brought up you know. during the hearing as evidence as you. say to the danger of him to society um.

certainly we're seeing not only a. request for bail and the defense motion. but a preview of their defense which is. that it was just a domestic violence. incident not um you know coercion as. part of the sex trafficking ring you. know the violence in that tape is very. graphic very difficult to watch it's. it's hard to uh walk away let's say for. them as a defense to minimize it which. they're trying to do is to minimize it.

how that this particular judge is going. to view it it's hard I mean it was a. long time ago was eight and a half. that's their argument they go you're. using a tape from eight and a half years. ago to justify pre-trial detention that. doesn't make sense but at the same point. it's pretty graphic and they say he's. been violent ever since right and and. and whether or not the second judge will. view it the same way I think is I think. that's a sub very subjective like right. you know sometimes there's certain facts. or evidence that come up uh like DNA. evidence and you just know every judge. is going to interpret that the same way.

or every jury is basically going to. interpret that the same way but taking. an8 and a half-year-old tape uh between. people who were you know she they were. out and about in a relationship you know. there could as we know you can be in a. relationship and also be you know raped. and assaulted all that but there is. enough of um a perspective it's possible. the second judge might see it completely. differently well to be clear the bail. they're not saying he did this he Beyond.

a reasonable doubt he's guil they're. just saying this is evidence to justify. detention right how much do they have to. prove it because one of the things the. defense said is you know the this is. before by the way we'll get into what. the prosecution said he's been doing. behind bars but one of their earlier. filings they said they're making. allegations he's reaching out to. witnesses that he's a danger but they. haven't proven anything defense said the. prosecution cited a case about pre-trial. detention but in that case there was. three days of hearings or multiple days. of hearings they heard Witnesses talking. about what happened. does it have to be a mini trial in order.

to justify pre-trial detention I mean it. really depends again on the judge right. and that's why I'm saying this is so. subjective in some ways because both. parties you have some great lawyers on. both sides here making a completely. different case about what that tape is. about and trying to use it to you know. on the one hand justify bail on the. other hand say this is not enough to. keep somebody who you know because in. our system we are also innocent to. proven guilty you're going to be having. somebody behind bars for a long time you.

know so yes although there is this. presumption because with sex trafficking. he's a danger to society you also kind. of have to prove it this judge might ask. for a mini hearing might say hey this. tape is too old I see where you're going. prosecution um you know this might be. persuasive but I need more I need you to. tell me about more that's happened more. recently that could very well happen so. a large part of what I think is going to. happen tomorrow um could be wrong but I. think a large part is going to center. around these allegations that Sea comes.

has been improperly contacting Witnesses. and alleged victims in this case to what. the prosecutors say obstruct the. investigation now the defense has said. that the government is mischaracterizing. all of this that they haven't explained. what about his conversations with these. people was threatening or intimidating. or obstructive and they even one witness. actually contacted Shawn comes first not. the other way around and when he found. out that one of the witnesses was a. grand jury witness he allegedly stopped. speaking to that person now the. prosecution says tell you what. comes is actually abusing his.

communication systems in the. Metropolitan Detention Center right now. including using other inmates phone. privileges a three-week phone call. system and he's doing it to reach out to. victims and Witnesses and particularly. he's using his family to do his bidding. and the prosecution says we have the. recorded conversations to prove it now. Dena here's the thing based on the. ruling uh this week there are certain. aspects of what was found or.

photographed from his jail cell that. will not be allowed to be used by. prosecutors to say what Sean Colmes has. allegedly been doing in order to justify. bail because there could be a privilege. issue but they say they have these phone. calls right that he's making there's one. call that's all redacted um and it was. cited by the prosecution one of their. filings but it seems like was between. him and his son where he's instructing. him on reaching out to people if they. bring those receipts is that the end of. the day if the judge and the judge did.

seem kind of Fairly on the defense side. in terms of them going into the cell. getting that file that was marked legal. and sorting through it you know that's. really serious to get into attorney. client privilege he seemed kind of. Fairly upset about that yeah and they're. going to decide that at a later date. they're going to decide that at a later. date but he knows what they did the. judge I mean you know so he might give. more skepticism to what that even that. phone call conversation was but the. phone calls are a record they're allowed. they're supposed to be recorded.

prosecutors isn't that free game they. can use it whatever I mean and what he. says on those tapes is what he says on. those tapes yeah and maybe it maybe that. will be enough but if it's not spelled. out as clearly as the prosecution is. saying it's spelled out I but knowing. what you know in the documents you can. kind of put it all together that judge. is not going to put it all together like. the prosecution wants him to I think. he's going to be very careful about. going into any of that documents that. may like actually have substantiated.

those phone calls cuz if it was just the. phone calls if the phone calls were that. bad why do the search why even try to. get into well the search was it was a. pre-planned wide search of the MDC it. wasn't prosecutors will say it wasn't. targeted against I heard it they say it. was a pretext that's what defense says. but they searched other units so it's. who do you believe I thought that they. the actual that they admitted to that no. they it was a pre-planned search and. prosecutors knew that part of that. search was going to be looking at uh.

Diddy cell or his unit um but they found. homemade weapons they found Electronics. they found a lot of material defense. says this was just a pretext to search. com cell but you know it's who do you. believe here I think the bigger question. is are we even to know what he said on. those tapes because half that stuff is. redacted in the prosecution's filing is. there a chance we might not know what is. exactly said or what he allegedly told. people on those phone lines I mean most. likely it's redacta because they're. trying to protect if he's was speaking. about certain Witnesses Grand Jan uh.

Witnesses are private so they were you. know if you use names or enough. information to know then no we're not. going to know um unless this goes to. trial and that WI a sance of taking the. stand and it kind of becomes a part of. the evidence at trial but if if that's. what's being redacted it's you make a. good point where the idea of how the. defense can try to characterize what is. said on that phone call and that it. wasn't him trying to reach out maybe. there's an more innocuous reason because. I want to give you an example of. something other than the fact that they.

said you know he has a right to speak to. people who in relation to his civil. suits or you know he was they contacted. him I want to give you an example of. something so um this is whether it can. work both ways there was this was from a. prior filing it said beginning on June. 26 2024 only after witness one had been. served with a grand jury subpoena and. had councel the defendant initiated. contact with witness one which the. defendant attempted to obscure by. initially calling witness one's wife and.

later communicating with witness one. over a viip service including by text. and a cell a call lasting over 7 Minutes. the following day phone records indicate. that witness one spoke with counil for. the defendant following witness one's. testimony in the grand jury on July 25th. 2024 so again this is all before Sean. CES was arrested the defendant called. and texted witness one again the. defendant's repeated contact with. witness one despite his apparent. knowledge that witness one was. represented by Council and had received. to Grand Jury subpoena undermines.

defense council's previous denials of. the defendant's interference in the. government's grand jury investigation. and shows that Council cannot stop the. defendant from contacting grand jury. Witnesses this concern is Amplified by. evidence indicating that the defendant. appears to have deleted his messages. with witness once so two different. perspectives here right prosecution says. judge this is you can't let this guy out. he's going to contact people in the case. he's going to interfere with the. investigation he deleted the messages of.

it the other way of looking at it is if. his defense Council spoke with witness. one is it not as bad as the. prosecution's making it seem I know this. is going to be the most interesting part. about tomorrow for sure because on the. one hand him reaching out to Witnesses. like game over right I mean if the. prosecution can as put forward to the. judge really back it up with just those. phone calls that it was clear he was. trying to you know contact these. Witnesses trying to get them to change.

their story or whatever like then it's. over because at the end of the day the. judge is going to really want to protect. the Integrity of this prosecution and if. he cannot be controlled Behind Bars he's. certainly not going to be able to be. controlled and his multi-million dollar. homes with private security and family. members coming like that's just game. over I mean the. defenses argument is essentially that. they have to put on a defense and so. they have to talk to defense Witnesses.

which is valid but then really the. defense should have contacted these. defense Witnesses or the lawyer for the. defense witness as you said the fact. that it was initiated by him by Diddy I. don't see how you really explain that. around I mean it's possible the defense. has something up their sleeve tomorrow. but how you don't there's no. justification at all for having him. contact the witnesses and look you made. a good point point that and this was. raised as well prosecutors are like.

can't trust him with the 24/7 private. security team if he's able to manipulate. inmates and other people he can. manipulate the the security team to do. his bidding too I I do want to read you. something else so this is from the. prosecution's filing they don't just say. that he was working on communicating. with these people Dean I want to. actually ask you about something else so. they also alleg prosecutors that while. he's been behind jail he has been using. his family to push through a social. media campaign to influence a potential.

jury and they said that one way he was. doing that was posting about his. birthday his family calling him on his. birthday while he's locked up you hear. him on the other line and that he was. actually studying the analytics of this. uh from behind bars and they say they. have communications to say that he did. this to taint a future jury pool or. influence a jury pool what do you make. of that some would say there's no jury. yet but if he's saying this is my goal. you know how what do you make of that. but this is a little bit different the.

law is very clear about interfering with. Witnesses but honestly somebody with his. Fame are always um trying to taint the. jury pool let's be frank like even his. lawyer with his statements has been. trying to taint the jury pool I mean. that's kind of almost not fair game but. it happens it happens all the time uh. lawyers give interviews about their. cases in advance um you know and if a. lawyer allows a client to most of the. don't but you know we saw we saw Alec.

Baldwin try to do it right like that. backfired but this is um something that. is much harder to say you know even the. social media posts like even him there's. no restrictions on social media posts. nobody's gagged him his family was. actually posting us but I mean if he was. behind the scenes like the puppet person. you know it's not like he has a gag. order on him or any of the people have. gag orders on him if that were the case. like okay we're talking about something. different but we're in this this really. gray area because well there are there.

is a gag order about releasing grand. jury material and other non-public. information but I guess his argument. would be it's it's just about his. birthday he's allowed to change the. public narrative because he's a public. person yeah I mean let's say you weren't. famous you could go and talk to your. friends about it you know there's no. limit on you know and here that message. wasn't even actually talking about the. case they thought it would help him but. they it could backfire just as much. people could say like oh you're trotting. out your kids to try to make you seem.

innocent when here you've done these. horrible things to children like that's. disgusting that you're using your kids. that way so that social media post could. have helped him it also could have hurt. him so it's a little bit different um. it's almost like more of a PR uh. Campaign which you know is not something. that he's restricted to do not do so I. wanted to ask you about this too so I. thought this was a really Interest. really interesting argument so the. prosecution has said you know what it's.

unfair for sha comes to be allowed. bailing this way why it shows a two-tier. justice system comes he can be permitted. to stay free on sex trafficking and. racketeering charges because he has the. financial resources to turn his home. into a private prison 247 monitoring. giving up all of his privileges $50. million Bond where you have a defendant. of lesser means who couldn't put forward. this attractive bail package that. person's denied bail that's not fair uh. and that person would be locked up up uh. while waiting trial Sean com's defense.

team has said we're offering this. package and these conditions because he. is wealthy the government said he is a. Flight Risk he's a danger because he has. the money and resources so you know what. this bail package looks like this the. reason it's so expensive the reason he's. essentially turning his home into a. prison is because this would be the only. way to ensure all of the concerns the. government has who's right well that's. up to the judge but really they both. have a valid point I mean on the one. hand when you see the list of what. they're willing to pay for it does shout.

out like just wealth like not only the. private security all the time but the. the monitoring the drug testing I mean. you a regular person there's no way. could do anything close to this but then. on the other hand that's partly why he's. behind you know jail because he has. access to a plane a private plane and he. has all that money and so that is taken. into consideration when deciding if. somebody should be behind bars is is. their Flight Risk so I think that they. both have a valid point and I don't.

think the judge is going to decide it. based on that whether or not his wealth. and how he's using it is fair or not. fair I think they have addressed the. defense has addressed the like fleeing. concern because of his wealth with his. 24-hour security we've seen with that. CEO he had wealth and he did 24hour. security and the court didn't really. mind there you know I don't think. there's going to be a fairness aspect. it's really going to be is he going to. interfere with the prosecution with. Witnesses and is he a danger so so the. danger element we've talked about a lot. the risk of fight flight let's amp.

amplify that a little bit so this is. another really important factor when we. talk about baale the prosecution says. he's facing 15 years to life in prison. if he's convicted he has an incentive to. flee he has the resources the money to. do it defense says you know what he. could have fled the country before he. was indicted but he didn't his attorneys. cooperated with prosecutors he. surrendered his passports family members. surrendered their passports he came to. New York to surrender himself to. authorities before he was arrested he. even tried to sell plane and theyve said.

in a recent filing that he's not going. to flee he's not going to abandon his. family his livelyhood who when you weigh. those two what do you think I mean I. think that they the defense addressed it. well enough and they're filing that he's. not a Flight Risk you know in terms of. the security the fact that he turned. over his passport toward his lawyer in. advance the fact that he didn't flee is. a good sign obviously and all of the. roots that they talked about with his. family and that he does have you know.

young children and some of them you know. he is the sole parent because the fact. is is every defendant technically is a. Flight Risk regardless of somebody's. wealth or not putting somebody out on. bail there's always the risk they can. flee that's why they put up the money. Bond but still like somebody can go so. you're never going to like 100% take. away that risk I think that they have. done enough to show that he you know he. people do sometimes do kind of shady.

things that make you think they're going. to be a Flight Risk right like when. Scott Peterson was found like near the. San Diego border you know when before. his he didn't do any of that stuff which. helps him plus the monitoring so I think. that they have addressed that risk. enough for him to be able to get out I I. agree although I think he has a weaker. argument when it comes to the final. point I wanted to address he has. suggested or his attorney suggested he. can't be at the MDC anymore because he. can't properly prepare for trial you. know it's he can't review all the.

mountains of evidence there he's like. every other criminal defendant though. should he be allowed out so that he can. properly PR prepare for his case CU it. it's more expansive it's more. complicated feels like a weager argument. to me yeah I agree with you when I read. that part I also thought this is a. stretch because you could use that. argument you know for every defendant. then it is true you know they talked. about how there's like a huge number of. evidence that he has to go through and. and that's true but you know it just.

that the defendant has a right to be. able to like assist in their case I. think that that interpretation of. assistance doesn't necessarily mean he. has to go through literally every piece. of evidence himself but even if he does. this trial is going to be a long time. you know he might still be able to go. through all the evidence but no I think. that is definitely the weaker argument. we've never I don't think we ever really. decide bail based on the amount of. evidence you have against a defendant.

because it could work against them the. other way too you could say hey this. case doesn't have much evidence um let's. keep them in B so and the prosecution. has said he gets a conference room he. can speak to his attorneys he gets what. he needs I don't know I think it's going. to be addressed we'll see so I think. we've hit everything maybe not. everything but the big points that I. think might be addressed tomorrow we. shall see what happens Dina D thanks so. much for coming on appreciate it thanks. for having me all right everybody that's. all we have for you right now here on. sidebar thank you so much for joining us. as always please subscribe on Apple. podcast Spotify YouTube wherever you get.

your podcast I'm Jesse Weber speak to. you next time.