Law&Crime Sidebar - YSL Trial Lawyer Analyzes P. Diddy’s Most Questionable Lyrics: ‘Treat 'Em Like We Beat 'Em’

Episode Date: September 27, 2024

Some of Sean “Diddy” Combs’ rap lyrics are getting a closer look following his indictment on sex crimes and racketeering charges. Law&Crime’s Jesse Weber spoke with Doug Weinstein, attorney for Deamonte “Yak Gotti” Kendrick in the YSL RICO trial in Atlanta, about the impact those lyrics could have, if any, on his case.PLEASE SUPPORT THE SHOW: If you’ve ever been injured in an accident, you can check out Morgan & Morgan. You can submit a claim in 8 clicks or less without having to leave your couch. To start your claim, visit: https://www.forthepeople.com/YouTubeTakeoverHOST:Jesse Weber: https://twitter.com/jessecordweberLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokeVideo Editing - Michael Deininger and Christina FalconeScript Writing & Producing - Savannah WilliamsonGuest Booking - Alyssa Fisher & Diane KayeSocial Media Management - Vanessa BeinSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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keep you on the edge of your seat. Don't let your fears take hold of you as you dive into this addictive series. Love thrillers with a paranormal twist? The entire Oracle trilogy is available on Audible. Listen now on Audible. Sean Diddy Combs rose to fame through his music, working as a rapper and music producer for his own label Bad Boy Records and signing some of the biggest names in hip-hop in the 90s and his federal racketeering and sex trafficking charges, some of his lyrics appear much more controversial. We're going to take a closer look at some of Combs' more questionable lines and whether they could have any impact at all at his trial. We're going to break it down with an attorney who's dealing with this very same issue because he's representing one of the rappers

in the YSL RICO trial in Atlanta. Welcome to Sidebar, presented by Law and Crime. I'm Jesse Weber. So before I talk about Sean Diddy Combs, the criminal defendant, I need to talk about Sean Diddy Combs, the rapper, because that may prove very important. So his music features lyrics about money, cars, drugs, guns, women, partying, love. Combs' ostentatious style, wealth, power, they were often on display in music videos. His songs featured other big name, hip-hop artists, celebrities that were featured in his videos. But now, 30 years after Bad Boy Records got at start, Combs alleged bad behavior has landed him behind bars. A federal grand jury indicted Combs on charges of racketeering conspiracy,

sex trafficking, transportation to engage in prostitution. And so far, Combs is the only defendant that is named in this indictment. That could change. But essentially, he's accused of operating a criminal enterprise that engaged in a campaign of illegal activity. And that includes using fraud or force or coercion to get people to do what he wanted, which many times was a forced sexual activity. In fact, the accusations seemed to connect back, for the most part, to Combs' relationship with Cassandra Ventura, also known as Cassie. The two were together on an on-again, off-again relationship for a decade,

and in a bombshell lawsuit that was filed last year, Ventura accused Combs of using violence and drugs to force her to engage in what he called freak-offs extended sexual performances between Ventura and male sex workers that were often filmed. Prosecutors from the Southern District of New York alleged that Combs forced people to help him make these freak-offs happen from bringing in sex workers and drugs to setting up lighting and providing lubricant and baby oil. Investigators reportedly removed boxes and boxes of electronics from Combs' homes in Los Angeles and Miami during raids back in March before he was officially charged last week. And in one of their

letters to the court, they mentioned this wealth of evidence in this case, including testimony from witnesses and victims. But here is something we haven't talked about yet, if we're focusing on evidence. Could Combs' musical lyrics be used against him in court? It's interesting to think about, right? And if so, that could be an issue. Because if you think about it, since he got his start in New York in the 1990s, Combs has put out multiple albums under multiple names. And I mentioned some of the themes in his song. So we want to go through this. We're going to go through some of his lyrics, some of these songs that might be looked at right now in a whole new way. To talk about this, I want to bring in a special guest. I'm joined right now by Doug

Weinstein. He is the attorney for rapper Diamante Kendrick, also known as YAT Gotti. And you may be watching Doug right now in the YSL Young Thug trial that is happening in Georgia. It too is a racketeering case, stay charges, but a racketeering case. Doug, so good to see you. Thanks for coming on. Considering you are involved in this RICO trial and prosecutors, by the way, are saying the defendants were all part of this alleged gang. You and the other attorneys are trying to dispute that claim, saying this was just a record label. With that in mind, before we even get to the lyrics, what is your reaction to now seeing this other racketeering case that Sean Combs faces? Well, I mean, it's obviously unrelated to the charges and the accusations

made against our clients. But, you know, again, it's just another example of the expansive use of the racketeering statutes, whether it's federal or state, that I think go well beyond what the legislative intent was when these laws were passed. How would you, real quick again, before going to lyrics, how would you defend Sean Combs and just the racketeering charge? So the racketeering, this criminal enterprise, it's conspiracy to commit racketeering. How would you, what would be some defenses to that?

charge? Well, I think you'd have to show, oh, you could show a few things. For example, that there's really not a pattern of racketeering activity. You could show that the underlying allegations that are the allegedly predicate acts did not actually occur, which is probably going to end up being one of his best defenses here. Since it's a conspiracy charge, you could get into the overt acts, but it's more than likely you'd have to have some defense that possibly these predicate charges that the alleged victims in this case were not really victims, but they acted voluntarily. By the way, I just want to ask you a quick question about this. Do prosecutors have to prove those underlying crimes? So in this case, they talk about arson, kidnapping, sex trafficking.

Do they have to prove that beyond a reasonable doubt? Do they have to prove at least two of those beyond a reasonable doubt? Or is it preponderance of the evidence? It's not preponderance of Yeah, they have to prove those beyond a reasonable doubt. Okay. So they're going to have to show those predicate acts occurred beyond a reasonable doubt. Good. I got mixed. I got mixed analysis on that.

So I'm glad I wanted to get it from somebody who's involved in this. You ask two lawyers a question. You're going to get two different answers. And of course, there's differences between state racketeering and federal racketeering. That's true. So we'll see who's right. Hey, by the way, thank you so much for coming to us for our Sean Combs coverage. we really really appreciate it we don't take it lightly you're trusting us and we're

going to continue to keep bringing you these updates and analysis but one of the reasons that we're able to do this is because of the support that we get from our incredible sponsors and I want to call out one for you right now a great partner of ours our partner who has done your YouTube takeover for the day Morgan and Morgan look if you should get injured you need to know your rights and whether you can be compensated and this firm America's largest injury law firm with over a thousand attorneys, maybe who you want in your corner. They have quite an impressive track record.

I mean, over the past several months, they've won verdicts, $12 million in Florida, $26 million in Philadelphia, $6.8 million in New York, and all of these minds, you considerably higher than the highest insurance offers in these cases. And even if your case isn't worth seven figures, why not start a claim and get the money you deserve? The whole process so simple can be done straight from your smartphone. Their fee is absolutely free unless you win. They only get paid if you get paid. you're injured, you can easily start a claim at for the people.com slash YouTube takeover. Okay, so let me ask you this. Generally speaking, what is the law on using lyrics from songs

in criminal trials? You know, it's very interesting you ask that because I think generally speaking, that they can be used if there is some nexus, some connection between the actual lyrics and the crime that's charged. You have to sow some kind of a connection there. Now, that is what I think the best trend is in the law. However, there are cases where they allow the use of lyrics when there's no apparent nexus between the lyrics and the alleged crimes. I think that's pretty ridiculous. Well, here's the thing. I'm actually very happy you said that.

Why? Because I'm going to go through different examples right now. If you just told me lyrics can never be used, lyrics can always be used, we wouldn't have much of a discussion. So now it's not a fact specific. Let's go through them. We're going to talk about some of the arguably questionable lyrics that have shown up in Combs song.

So some of them, quick lines in the song, Everything I Love, Combs calls himself a girl kidnapper. And in, I'll be missing you. He laments, life ain't always what it seems to be. But there are other lines that could be interpreted to be much more sinister. For example, in 1997, Combs, who was then known as Puff Daddy, was featured on the song The World is Filled on Notorious BiG's Life After Death. And he wrapped the lines, see, we date them like we hate them, see them like we don't need them,

treat them like we beat them, and never give up freedom. He also rapped, turn a freak to a bice. sexual, and if she's flexible, F the N word next to you. Now, Doug, clearly sexual activity was a big theme in many of Combs' songs, as it is for a lot of recording artists, but knowing the allegations that we know now about these freak-off sessions and women claiming they were coerced into doing things and that there was violence and threats, do you think those lyrics could warrant another look by prosecutors? See, I have a problem with taking one or two lines out of context of the whole song.

And so what I would suggest the prosecutors will need to do here or should do here is look at those lyrics in the context of the entire song and see how that fits in. Is it clear that he is speaking autobiographically or is he inhabiting some type of persona? And then also, you have to look at the timeframes. are these lyrics around the same time frame as some of the alleged backs that are in the charges against him? So I think they have to look at all of that together. So, you know, of course, I'm in a unique position perhaps because I'm in a case right now with lyrics. But I really think that you have to take a look at more than just a single line. So if the prosecutors view it as a whole and they can find all those connections and they can point this to some specific act around

or maybe slightly before that time period, these lyrics were written, then, yeah, they can consider using them. Interesting. Now, talking about lines or line, there was a concerning line. It was from Combs' album called No Way Out. And in a track called Friend, he raps, Do You Want Me Baby? Just Let Me Know, Like Alia Baby, and I'm a sex you slow.

Now, Aaliyah is a reference to the young R&B singer who was killed in a tragic plane crash in Bahamas back in 2001. And during the recording of her debut album, Aaliyah was involved in an intimate relationship with R. Kelly. The two got married when she was 15 and he was 27. The marriage was later annulled. The pair denied they were ever married. R. Kelly and Combs, they collaborated on a song called Satisfy You. They performed on stage together.

Now, Doug, not a great association to have, especially now. R. Kelly was sent to prison for 30 years for sexual. trafficking charges. And Combs, by the way, even though he's not charged with anything to do with minors, unlike R. Kelly, because that was the big theme in R. Kelly's case was child, underage sexual abuse. I don't know if that connection is going to be great right now from either a PR or a legal point of view. Yeah, I think on these lyrics in particular, any kind of a connection is far too tenuous to be used. On top of that, you have to look at, are they more probative than they are prejudicial?

You know, is what the lyrics telling you, is this connection, tell you something that helps the jury make a decision on the case more so than the prejudice. And here, I just think this lyric is far too attenuated and unrelated to the specific charges against him for a prosecutor or to even consider using this. It doesn't mean they won't. I mean, these prosecutors can be very aggressive with these lyrics.

And would it change if he has hit with a superseding indictment, an amended indictment, and that involves then perhaps solicitation of minors? And the ruling is I said this because that's what there was an allegation and at least one civil lawsuit. So if he was hit with charges related to minors similar to R. Kelly, I wonder if you go back and look at some of those lyrics. You certainly could, but again, I'd want to see that there's some type of a temporal connection, some type of time connection between those. But, you know, maybe from the start I should have just told you my basic bias,

which is I think all of these use of lyrics, if I can just go in a slight tangent, is incredibly offensive to me. I think that it puts a damper on people's First Amendment rights, the artist's First Amendment rights. I think it assumes that since these are really only used against black people, that assumes that black people cannot write about anything that they don't have direct autobiographical knowledge about and that everything they write is autobiographical.

So I find the entire use of lyrics offensive. But you were asking me what the law allows, so that's the answer I was giving you. No, and that's completely understandable, and I get that. And I think there's a fair argument to be made that these lyrics shouldn't be used, not only Stifles creativity, but you know, you really interpreting that

as a confession to the crimes, right? It's not like someone commits a murder, and then the next day puts out an album and says, you know, I shot him. I shot him on, I shot him that day. I mean, that would be a little bit different. But yeah, and we do, there are cases, there are cases that where it's very clearly somebody is involved in terrible violence. And then they run into the studio that week and they record some very explicit detailed lyrics that

there's no other way to interpret it than they're talking about the crime. I don't really have so much of an issue with that. Yeah. But it's these other less, the more tenuous connections that I think are problematic. That's fair. Okay, but here's something interesting. So in that same song, Combs rapped, in a world of larger moves, new cars to cruise, sometimes I make the news falsely accused.

And Combs' lyrics, by the way, they also often dealt with violence. and drug use. And here, on the track the future on his press play album, Combs, who was then known as P. Diddy, he sang, inject this dose of the future, tap them veins, grab hold, let me shoot you, mainline this new Diddy heroin. Now, sure, that could be a metaphor for something else, but Combs has been accused of being a prolific drug user, one of the civil lawsuits that was filed against him by music producer Rodney Little Rod Jones claims that Combs required various employees around his properties to have fanny packs full of drugs at the ready. Combs, after that infamous video came out of him allegedly beating Cassandra Ventura back in 2016,

he comes out two days after CNN publishes that video and admits essentially that that's him on the tape and says he was messed up, interpret that for what you will. And Doug, in this indictment, possession of a variety of drugs is an underlying crime as part of the racketeering conspiracy. So what's your take on that? Well, you know, of course, I view so much as a defense attorney. And again, I think if the state wants to use these lyrics,

they've got to do a little bit more than just throwing up stuff and saying, look at the coincidence between these lyrics and the charges against him. But certainly I think the prosecutors are going to grab a hold of this. They're going to run with it. They're going to be able to find support in case law across the U.S. to be able to use these lyrics and they're going to find defense attorneys are going to find very few cases they're out there but very few cases that would help their case in keeping these

lyrics out they exist but it's going to take some work and appreciate that I want to finish with one last theme from the song because when it comes to violence there's this long section in the song real n-words on the 1999 album forever and it goes just remember there's a gun to your dome and I will lick shots and run through your home or better yet I put your son to the chrome turn the music up and unplug the phone I will kill him read my lips you two mother effer if I don't see no bricks see I flips when I don't see no chips yeah and word I know you in pain I don't care N word I meant I want the stash keys hash weed geez mother F or freeze now Doug the allegation is that in the indictment

is that he's violent. That he uses in the indictment, they say he uses firearms, that he and members of this criminal enterprise brandish firearms as a way to threaten and control others. That part, again, does that, do you feel any different about that aspect of those lyrics and what the allegations are in the indictment? Well, you know, on lyrics like this, obviously the prosecutor is going to have a stronger case that there is some connection between these lyrics and the charges against him, you're more than likely going to find a judge that's going to let these lyrics in

because the rules of evidence are geared toward admitting evidence and not keeping evidence out. I would be glad that I wouldn't have to fight these, but I would gladly fight them. And I think the other thing to understand about this style of music is violence, drug use, misogyny. It's all a part of the genre, whether you view that as unfortunate. It is what it is. And that is what sells. And the other thing to appreciate about these lyrics, the artists themselves are not the only ones involved in writing these lyrics. There's a whole marketing team. There's the record company. So I don't know how much of these lyrics are written by him, how much there's input, how much people are saying you've got to sell this, you have to do more violence. So there's lots of ways to approach.

the lyrics. And by the way, these are ways to approach the lyrics, even if a judge were to let them in. They're still open to attack. Meaning in front of a jury, if this were to go to a jury. In front of a jury. Right. In front of a jury. Doug, I'm so happy I had you on. I thought this was a great interpretation of it. I have now a much more better understanding of the law on this. I have a much more better understanding of the ways to attack it. You know, there's one thing to say, oh my gosh, prosecutors will be able to prove this. But you raise such good points. And this is why you're an excellent defense attorney. So thanks so much for coming on. on really appreciate your insight if this discussion comes out if we learn a little bit more the

prosecutors do end up wanting to use lyrics i'd love to have you back on to talk about it you know i'd love to be back on and talk about it's good to see you again jesse good seeing you thanks so much dog of course all right everybody thank you so much for joining us here on sidebar and as always please subscribe on apple podcast spotify youtube wherever you get your podcasts i'm jesse weber i'll speak to you next time You can binge all episodes of this law and crime series ad free right now on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.