Didi's "Freak" Spark Test Dispute

During the federal trial of Sean Diddy’s comb, several media entities, including ABC News and the New York Times, asked the judge to allow them to watch “freak” videos at Combs’ sex trafficking case center.

In yesterday's court filing, on behalf of the Associated Press, business insiders, Vox Media, Wall Street Journal and others asked Judge Arun Subramanian to allow Combs' "Freak-Offs" videos, in which Rap Mogul engages in a few days-long, drug-drug experience. Combs' ex-girlfriend Casandra "Cassie" Ventura testified against him on Tuesday, accusing Combs of physical and psychological abuse of her in the incidents, which also involved male escorts.

“While news organizations express certain trial exhibitions in this case to sexual conduct and sensitivity to the alleged victims, the public and the press should be allowed to view and consider this evidence (which is at the heart of the government case), which is in line with the First Amendment right to access a criminal trial,” the application document.

News media do not ask for copies of their own videos; instead, they want to see them introduce them to the jury. The COMBS trial was not televised and the press and the public had to surrender all electronic devices before entering the courtroom. If the court believes that privacy rights will exclude viewing from the entire news media, then these channels will require three pool journalists to watch and listen to the exhibition displayed.

Although the Council acknowledges that these videos are sensitive and that the videos displayed therein have a privacy interest, they believe that “because the central role that videos may play in determining Mr. Combs’ guilt or innocence in this case, these privacy rights cannot overcome the first amendment of the public in monitoring the justice process.”

The legal representative of Ventura, one of the main witnesses and victims of the case, quickly opposed the motion. Attorney Douglas H. Wigdo (Douglas H.

Wigdor cites public access rights not absolute, showing videos will violate Ventura's privacy. He also believes that the promotional video will have a "chilling impact" on other victims and "the lowest value of public understanding of the trial."

In court Tuesday, both federal prosecutors and Combs' defense attorneys advocated sealing of "gender-clear" evidence, suggesting the alleged nudity of the victims. The judge expressed the First Amendment issue and wanted to know whether retaining evidence would send a "signal" to the jury.

Combs' attorney Marc Agnifilo described the "Freak-Off" video as "adult porn" and said the defense did not want to seal anything that was not "sexually clear" and called it a "privacy issue."

"How will the Wall Street Journal and the New York Times deal with this information if there is any?" he asked in court.

Lawyer Robert D. Balin, representing the journalism debate before the judge, said he "strongly opposed" the seal of evidence because witnesses "testimonies cannot replace the videos." Bahrain said the best way to determine whether the sexual behavior depicted in the video was voluntary rather than forced is, Bahrain said the judge made sure the judge was not "despicable." Bahrain believes that this is important to the media – in an unpopular, high-profile trial, the only window for the public to enter court proceedings – “seeing justice is being completed.”

Ventura began testimony against Combs on Tuesday, who was accused of sexual trafficking and extortion and was asked to describe the "freak" in graphic details. The jury, as well as the public and the press, showed evidence to the jury, including text exchanges and photographs. Ventura will continue her testimony throughout the week.