Law&Crime Sidebar - Jay-Z Demands Emergency Hearing Over P. Diddy Rape Claims

Starting point is 00:00:00 Wondery Plus subscribers can binge all episodes of this Law and Crimes series ad-free right now. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. Music industry titan JZ says that if someone's going to bring heinous allegations against him, they better have the proof to back it up. And his legal team put the court on notice that they are demanding a hearing. They say apparent inconsistencies in a woman's story after she accused the music mogul of raping her when she was a teen, means the whole thing should get tossed out. Welcome to Sidebar.

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Starting point is 00:01:04 So if your child is under 21 and has been diagnosed with type 2 diabetes or fatty liver disease, visit www.4thepeople.com slash food to learn more. Jay Z and his attorneys have come out swinging in response to the superstar being named alongside Sean Diddy Combs in this rape lawsuit, something that we've talked about here on side, This anonymous accuser who says the two men raped her at a VMA's after party in 2000, the Video Music Awards, and this woman claims that she was raped when she was 13 years old. The original lawsuit was filed in October, and it named only Sean Combs, and it identified

Starting point is 00:01:46 his alleged accomplice as Celebrity A. But then, a recently amended complaint was filed that says that Celebrity A is actually JZ, real name Sean Carter, one of the richest people and maybe well-known people in the entertainment industry. Also, this amended complaint still lists a second alleged unidentified participant here, a female who's accused of watching this rape, only identified as Celebrity B, a lot of speculation about who this person could be if this story is in fact true, but Celebrity B, according to this Jane Doe accuser, was in that room when this alleged assault took place. Now, as soon as this news broke, Jay-Z, through his record label, Rock Nation, put out

Starting point is 00:02:33 a statement, categorically denying that he ever did anything like this. And it became clear that he knew this lawsuit was coming out, that he knew he was about to be named because of seemingly, if you hear the parties, a breakdown in, I don't know if it's really negotiations. I'll get to that in a minute, but he knew this was coming out, put out a statement. And he even called out Tony Busby, the Texas attorney behind this lawsuit, who's already filed multiple lawsuits against Sean Combs. And Jay-Z claims that Tony Busby tried to blackmail him, allegedly saying, hey, Jay-Z, if you don't pay up, you're going to suffer the consequences on a very public stage because you will be revealed as an alleged child rapist. Now, part of the statement through Rock Nation

Starting point is 00:03:14 or through Jay-Z, said, quote, I have no idea how you've come to be such a deplorable human being, Mr. Busby, but I promise you, I have seen your kind many times over. I'm more than prepared to deal with your type. You claim to be a Marine? Marines are known for their valor. You have neither honor nor dignity, though certainly not a tepid response from Jay-Z to say the least. And by the way, per the New York Times, we also found out that Jay-Z reportedly was that unnamed celebrity, John Doe, who sued Tony Busby for extortion and intentional infliction of emotional distress before Jay-Z was officially named in this amended complaint. And he basically outlined what he's accusing Busby of now, that he felt like he was being extorted,

Starting point is 00:03:58 either pay up or be exposed. And we didn't know who John Doe was at the time, and now it seems like it's Jay-Z. But what is happening right now? This is what we want to talk about. Here's the big thing. So there are apparently some reported inconsistencies coming to light in regard to Jane Doe's memories of what she says happened that night, the night that she's. says Jay Z and Sean Combs attacked her. And Jay Z's legal team has pounced on that. They are trying to get this case completely thrown out. So first, quick reminder of what Jane Doe says allegedly happened to her back in 2000. So she claims, even though she was just 13 years old, she claims she got dropped off at Radio City Music Hall in New York City where the VMAs, the Video Music Awards,

Starting point is 00:04:41 were being held. Now she says she didn't have a ticket, so she wandered around outside, maybe hoping to see a celebrity or two, but who did she see? Instead, she sees one of Combs' bodyguards who allegedly told her to come back later that night and then he would take her to a home where Combs was throwing a VMA's afterparty. So when Jane Doe gets to this home, she believes that the drink she was given was laced with drugs because she said she started feeling woozy and disoriented. And she says when she went to find a room to lay down in, that is when she was assaulted. The complaint says, Combs entered the room along with defendant Carter and a female celebrity, Celebrity B.

Starting point is 00:05:23 Plaintiff immediately recognized all three celebrities. Combs aggressively approached plaintiff with a crazed look in his eyes, grabbed her and said, You are ready to party. Combs then threw plaintiff toward a wall, causing plaintiff to fall. Plaintiff got up and stumbled, at which point Combs grabbed her again and threw on the bed. At that point, Carter began removing plaintiff's clothes as she grew up. more and more disoriented. And from there, Jane Doe claims that both Jay-Z and Sean Combs raped her before she was finally

Starting point is 00:05:55 able to get away. Again, both men have adamantly denied that this happened. Let's talk about what happened last weekend. This was major. Jane Doe apparently spoke with NBC News in an interview that aired last Friday night. And she acknowledged that her story does have some incommate. inconsistencies. So Jane Doe was quoted as saying, I have made some mistakes. She said, though, she stands by her allegations overall, but says since this happened 24 years ago, some details

Starting point is 00:06:28 may have been lost to time. But what exactly are those apparent inconsistencies? Well, Jane Doe said that after the alleged rapes, she was able to run away from the home and found a gas station where she was allowed to use the phone, and she said she called her dad to come pick her up. The problem with that is her father told NBC News, he didn't remember that. And that if he had come to pick her up, it would have been a five-hour drive. On top of that, he told NBC News that he never even heard of this alleged attack on his daughter until the reporters came asking questions. Also, Jane Doe claimed that she had spoke to or saw Benji Madden at this VMA's afterparty. He, of course, is the lead guitarist for the rock band Good Charlotte. But his

Starting point is 00:07:11 representatives told NBC News that he was in the Midwest on tour at that time. So with that now coming out, Alex Spiro, this is Jay-Z's high-powered attorney, sent a letter to the judge, calling the allegations a sham. Quote, she claims the assault took place at an after-party at Mr. Combs' home, but photos that night show Mr. Combs and Mr. Carter at Lotus Nightclub for the after-party. When press, the plaintiff admitted she was guessing about key details, including the time it took to reach the venue. She admits she has no single corroborating witness over the last 24 years. Now, that's a very good argument. I guess the other argument could be maybe they went to Lotus, but maybe they also went to this other after party as well. Just put that to the side.

Starting point is 00:07:55 Now, NBC News did report that they tried to locate a friend who allegedly drove Jane Doe to the VMAs that night, but it appears that person has since died, and they indicated that they tried to reach out to this person's relatives, but no luck. Jay-Z, reportedly told NBC, this incident didn't happen, and yet he filed it in court, meaning Tony Busby filed it in court and doubled down in the press. And he added, true justice is coming. We fight from victory, not for victory. This was over before it began.

Starting point is 00:08:27 This 1-800 lawyer doesn't realize it yet, but soon. So what did Tony Busby say in response to all this? Well, he released a statement defending himself saying, look, Jane Doe's case was referred to me by another firm where her story had allegedly already been vetted. He wrote, our client remains fiercely adamant that what she has stated is true to the best of her memory, we will continue to vet her claims and collect corroborating data to the extent it exists because we've interrogated her intensely. She has even agreed to submit to a polygraph.

Starting point is 00:09:01 I've never had a client suggest that before. It's an interesting response. It's almost in a way, in my opinion, couching a little. little bit, her allegations. And there seems to be, I mean, just in my opinion, maybe a little bit of doubt there. So couching where this could go. But for her part, as I said, she's defending herself. This unnamed Jane Doe said to NBC, quote, you should always fight for what happened to you. You should always advocate for yourself and be a voice for yourself. You should never let what somebody else did ruin or run your life. I just hope I can give others the strength to come

Starting point is 00:09:36 forward like I came forward. Now, quick sidebar here on this. Two things. One, she is coming forward with a massive lawsuit against two major celebrities. One argument is would you really do that unless you really thought this happened or really have the evidence to prove this happened? And by the way, that would be really true if she ends up having to identify herself in court, since a lot of the accusers in the civil suits against Sean Combs, they've actually had to identify themselves per the court orders. So it'll be interesting if she has to identify herself and still moves forward this lawsuit, you know, that might help her credibility. On the other hand, of course it is clear. I mean, look what just happened in the Duke Lacrosse case as we've been talking about,

Starting point is 00:10:21 but it could be the case that somebody comes out of the woodwork and files false allegations against celebrities. It's happened before it's happened in the past. So two competing narratives. Now, I want to go back to this because attorney Alex Spiro, Jay-Z's attorney, has filed an emergency motion, basically asking the court to issue an order demanding that Jane Doe and Tony Busby show cause or explain or provide a reason for why this case shouldn't be thrown out or why Jay-Z shouldn't be dismissed from the lawsuit completely and for why evidence, at the very least, why evidence shouldn't be preserved in this case. And a memo, a memorandum in support of the filing, gives us more detail about what investigators and reporters were able to find out more than 20 years

Starting point is 00:11:08 after the alleged assaults happened and how it seemingly, or allegedly, contradicts with Jane Doe's lawsuit. So this memorandum reads, Plaintiff's unsupported allegations crumble under scrutiny, as the evidence and lack thereof reveals glaring inconsistencies and outright impossibilities in her story. Her account describes a jumbotron at the scene of the Video Music Awards, but according to NYPD sources and MTV producers, no such Jumbotron existed. MTV applied for a permit to install one, but was denied.

Starting point is 00:11:39 She references a house that supposedly fits the description of the location of the alleged assault, but no such house exists. And Spiro also contends that if Busby were comfortable putting his name on a story that had such gaping holes in it, then he wouldn't be surprised if Busby started destroying evidence. That's a big allegation. But the filing reads, inconsistencies in plaintiff's case revealed in the NBC interview, coupled with Busby's

Starting point is 00:12:05 chronic inability to follow the rules in this case and others, creates a substantial risk that Busby will destroy evidence damaging to plaintiff's case, including evidence of his own misconduct, impairing the integrity of the judicial process. In order immediately mandating the preservation of all evidence relevant to this case is necessary to ensure that Mr. Carter has a full and fair opportunity to present his defense against plaintiff's fictitious claims. This memorandum also gives a scathing summary of Busby's actions and how Spiro's firm believed that Busby had violated what's known as Rule 11. And Rule 11 deals with the expectation that lawyers not file a case for an improper purpose or that the claims are backed

Starting point is 00:12:50 up by the evidence or they're supported by the law. They're supported by non-frivolous arguments. And if you fail to do that, sanctions could be imposed upon you. So this, filing reads, rather than conducting his own due diligence to vet his client's claims, Busby merely relied on the purported vetting of another firm, telling NBC, Jane Doe's case was referred to our firm by another who vetted it prior to sending it to us. But no one from the other firm signed the pleadings in this case. Busby did. It goes on to say, under these circumstances and in light of Busby's misconduct in this lawsuit and others, it must be assumed that Busby will go to extraordinary lens to conceal his ethical violations. There is accordingly a significant

Starting point is 00:13:33 risk that Busby will seek to destroy documents or other evidence that would demonstrate that he knew or should have known that the allegations in the complaint were false. These allegations have caused incalculable harm to Mr. Carter, his family, his businesses, his employees, and his legacy. To defend against the fictitious claims advanced by plaintiff and Busby in this case, it is imperative that Mr. Carter be allowed to pursue all avenues of discovery permitted under the federal rules of civil procedure. Given that Busby has already ignored his ethical obligations in this case, the court cannot rely on Busby to abide by his duty to preserve relevant evidence.

Starting point is 00:14:08 To ensure Mr. Carter receives fair discovery, the court must impose a preservation order. And in conclusion, Spiro says, the salacious allegations against Mr. Carter serve no purpose other than to harass him. And remember, I talked about under Rule 11, you cannot file a lawsuit for an improper purpose, like to harass another person. So again, they say this lawsuit serves no purpose other than to harass him and to pressure him to settle a lawsuit based on false claims. The court should dismiss plaintiff's entire FAC, that is the first amended complaint,

Starting point is 00:14:41 and at minimum strike the allegations contained therein referencing Mr. Carter and dismiss him from this action. So in other words, throughout the case completely, or at least get me off of it, do what you want to do with Sean Cohn. homes. Now, after filing this memorandum and proposed order yesterday, Spiro had suggested that the court meet as soon as possible, 9 a.m. this morning. Now, at the time of this recording, there is no word yet whether that is happening. But of course, we will stay on top of the story and keep you updated as it progresses. That's all we have for you right now here on Sidebar, everybody. Thank you so much for joining us. And as always, please subscribe on Apple Podcast, Spotify,

Starting point is 00:15:17 YouTube, wherever you get your podcasts. I'm Jesse Weber. I'll speak to you next time. You can binge all episodes of this long crime series ad free right now on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.

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Law&Crime Sidebar - Jay-Z Demands Emergency Hearing Over P. Diddy Rape Claims

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