A MARTÍNEZ, HOST:
For more on the Sean Combs verdict, we've called up Anthony Capozzolo. He's a former federal prosecutor, now a defense lawyer with the firm Lewis Baach Kaufmann Middlemiss, and he's represented plaintiffs in high-profile sex trafficking cases. So, Anthony, Sean Combs acquitted on most serious charges, convicted on two others. He seemed to take this as a big win. How did it look from your end?
ANTHONY CAPOZZOLO: I think his exuberance was well described by your prior reporter. It looks like, absent a full acquittal, this was the next best result they could've hoped for, given the sentencing ranges of the charges for which he was acquitted of, which could've led to a life imprisonment sentence.
MARTÍNEZ: As you were keeping track of what was being presented in this case - the evidence - how much did that give you a sense of the verdict that ultimately occurred?
CAPOZZOLO: So I think the verdict was surprising to many of the people who were in the courtroom watching. There was substantial evidence related to at least the sex trafficking charges for which he was acquitted, in which there were allegations of force and violence resulting in the participation in the sex business for which he was charged and the other activities. And so it was surprising that he wasn't convicted of at least the sex trafficking charges.
MARTÍNEZ: Yeah, that video in the hotel with Cassie Ventura, I mean, it's been out there for so long. And I think that left people with the impression, well, there's no way that Sean Combs is going to beat this. But in some senses, I guess, in the grand scheme of things, it seems like he did.
CAPOZZOLO: Yeah, it appears that the defense argument that meant to compartmentalize the domestic violence as something separate from of the - what the government's allegation that there was an enterprise, a criminal enterprise designed for the purpose of using force to engage in these sexual - the freak-offs that were described during the trial. It appears that the jury accepted the fact that there was domestic violence within his relationships, but that was not part of a criminal enterprise. It was not part of an ongoing activity of sex trafficking either.
MARTÍNEZ: Do you think his celebrity status influenced the outcome at all in this case?
CAPOZZOLO: There's no question to me that high-profile celebrity trials are more - much more difficult because jurors, regardless, you know, everyone's a human being. They are affected by what they know in the past. And people form opinions about celebrities, and it's very hard to convince them that they may have engaged in conduct of a very serious criminal nature. And so the bar appears to be much higher for individuals like Sean Combs.
MARTÍNEZ: Considering how, you know, high profile this case was for someone out there that is considering, you know, maybe testifying because maybe they were sex trafficked or something like that. A case like this and an outcome like this, could this have some kind of chilling effect on someone? And you were a former prosecutor, so I'm sure you've tried to get people to say to take the stand on things like this.
CAPOZZOLO: Yes, it's certainly the case where victims have seen high-profile individuals get acquitted that they realize their risks. Obviously, any person who's a victim of a crime feels like they're at risk when they have to go to trial and testify in open court against individuals who committed serious crimes against them. And this can certainly be a deterrent, and it can be a deterrent to prosecutors. After the Bear Stearns mortgage fraud case against Ralph Cioffi and Matthew Tannin, the government was very reluctant, and you saw very few mortgage fraud prosecutions. So, you know, this could have an effect on prosecutors as well.
MARTÍNEZ: Quickly, what kind of sentence do you think Sean Combs is likely to receive?
CAPOZZOLO: Since the judge held Sean Combs and denied the bail application, I think he will still take the charges seriously. And he does face - even with the time he's had in, which he'll get credit for, I think he does still face a period of imprisonment, you know, probably something like five years or less, which may result in him continuing to be imprisoned.
MARTÍNEZ: That's defense attorney and former federal prosecutor Anthony Capozzolo. Thank you very much.
CAPOZZOLO: Thank you.
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