Huge news in the Diddy criminal case ... he's chomping at the bit to defend himself in a federal courtroom ... and he will take the witness stand to tell his story.
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00:00We are doing a documentary that is dropping tonight on Tubi and it is about the indictment of Diddy
00:07It's called TMZ presents the downfall of Diddy and in this documentary
00:11You are going to hear at some length his lawyer and that lawyer is very clear
00:20that Diddy
00:21Not only will testify he is chomping at the bit to testify in his criminal case, right?
00:28We spoke with Mark Agnifolo
00:31the attorney who you've seen outside of the federal courthouse in New York fighting for Diddy and
00:38He says that fight will continue and they're confident
00:42that
00:43That they can they can win this case. I think the really shocking thing
00:48That he told you for this documentary as part of his defense
00:52Diddy's gonna take the stand and and but I challenged him on it
00:56Yeah, I mean, yeah, you know cuz it it it's gonna get treacherous. Here's what he said
00:59I have interviewed a lot of people for this documentary and
01:03a lot of them
01:05Have said game over after they saw the Cassie video
01:09Does this compel you to put him on the stand and explain it? I?
01:16Don't know that I could keep him off the stand
01:19I think he is very eager to tell his story and I think he will tell every part of his story including
01:27What you see on the video, so I expect it's gonna be explained by the both of us. It's kind of breathtaking
01:33That what you're telling me is that Diddy is gonna take the stand and he will be cross-examined
01:41about this video about the violence in the video about the freak offs about
01:47Allegedly blowing up a car all of those things
01:52That feels kind of dicey
01:54He has his story and he has a story that I think
01:58Only he can tell in the way he can tell it in real time and it's a human story. It's a story of
02:06Love it's a story of hurt. It's a story of heartbreak
02:09I mean when he describes that relationship the word he uses more than any other word is heartbreak
02:15He was heartbroken Wow, actually it was cut off there. He said he was heartbroken. He continued
02:21She was heartbroken
02:22so it is really interesting because what they're gonna do because look we're talking obviously about the Cassie video and
02:30There is no defense to that video
02:33He even the lawyer says that he has no defense to it
02:36Did he has no defense to it what they're gonna try and do and I think this is an uphill climb
02:41Is exactly why I was thinking yeah is contextualized the relationship
02:46Which he said which he calls a loving you're gonna hear it in the doc
02:50But he talks about cheating on both sides. I think that is is beyond an uphill climb it
02:56They run the risk of completely offending every every juror
03:00And trying to because they can say it is not an excuse
03:04It's an explanation all they want but if it lands on the jurors as him trying to excuse it
03:10Now now you've lost him oh you're right there you're right there
03:14It is undoubtedly a massive risk to put him on the stand
03:17Although he is very charming before these stories came out did he was as somewhat beloved figure in a lot of ways
03:23He's very charming. He could be very well spoken on the stand and so forth
03:26What I heard from this lawyer though was I couldn't keep him off the stand even if I wanted to remember
03:30This is Diddy's right to take the stand and lawyers offer counsel and they can say this is a bad idea all they want
03:36But at the end of the day, it will be Diddy's call whether he takes the stand
03:39I can tell you he is not discouraging him because ultimately I mean one of the things we get into in the doc is
03:46Somebody's got to explain this video and then the question is should it be the lawyer or should it be Diddy?
03:51But if the lawyer is just making the argument and Diddy is just sitting there. I
03:57Get your point. It's two bad choices. Yeah, but the least bad choice may be him. I think you're right
04:03Look, he's been painted as a monster and you want to hear the other side
04:07And he must be champion at the bit to present himself in the in a more favorable light and only he can really do that
04:12We're forgetting that if he were to take the stand and tell his side of the story
04:17it is very likely we all expect that that Cassie is the
04:22Star witness you're gonna have Cassie up there telling her side of it
04:26I don't know how you can if if the the prosecutors call her to the stand
04:31She tells her side and then he's gonna come up later and tell his version the thing that you have that doesn't here
04:38Here's the the the trick to all of this
04:41The beating is not part of this case
04:43Right that he is not being charged with the beating first of all if there were
04:48Charges, it would be at a state court level not federal and secondly the statute of limitations is right
04:54I do believe but I do believe even in the indictment
04:56They refer to victim one Cassie that is in in the video kidnapping and I believe the kidnapping is related to
05:03Holding her against her will this particular
05:06Morning, you know, they haven't said specifically but the beating itself is not part of the trial now
05:13Can the jury kind of unsee it when they're in the deliberation room and say that's gonna be irrelevant
05:20Yeah, that is gonna be a really hard thing to do
05:25Patrice from Virginia
05:26I think that did he get in on the stand may come back to bite him because I feel like unless he's willing to tell
05:33Everything about everyone. I feel like they're really gonna get him especially across examinations
05:37Now his Lord may be on his side
05:39But I cannot foresee that the other side is going to come in easy
05:43By the way, I want to say one other thing about this
05:46one of the things we get into in this documentary is how nervous Hollywood is because did he
05:52Did he had every celebrity in the world at his various parties and some of these freak-offs were after parties at
05:58some of these events and
06:00He videotaped them and the US attorney did make that clear that some of these freak-offs are
06:06Videotaped and there are a lot of people who are really nervous about what's on those videos and who's on them
06:13Yeah, and the US attorney from everything we can see they're gonna play these videos in court
06:19Yeah, and that's and like you said there's collateral damage right there's collateral damage