Diddy gets to spruce up his look for his upcoming criminal trial ... the judge just signed off on letting him go with a business casual look in court, instead of his jail jumpsuits.
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00:00Diddy got a victory of sorts yesterday.
00:03The judge in his upcoming criminal trial, which starts next week, has said that he can
00:11dress for success.
00:13I think that's the way to put it.
00:14Yes, because the jury is not going to see him in his prison jumpsuit, which he has been
00:21wearing since he's been in detention for several months now.
00:26And he will stay in detention throughout the trial.
00:28Throughout the trial.
00:29When he comes into court, the judges said he can wear street clothes, regular clothing.
00:36And now the big question is, how much should he dress up?
00:40How much will he dress up?
00:41It's a big deal.
00:42This sounds, maybe sounds frivolous, but it makes a big, big difference in this trial.
00:48It's a big issue.
00:50Yeah.
00:51And look, it's not unusual at all for judges to allow this.
00:55If you look back, O.J. Simpson, who was incarcerated throughout his murder trial, wore a suit.
01:01The Menendez brothers, in their first trial particularly, if you remember, Leslie Abramson, their lawyer, brilliantly, I might say, as a defense lawyer, put them in sweaters the entire trial.
01:15They look like wholesome, preppy kids.
01:18Couldn't possibly have done anything.
01:20So what you just said is not only important, but it's something that the lawyers and the jury consultants talk about a lot.
01:29There will be several meetings about what he wears into court the first time he is there.
01:34So let me give you the twist in this case that is different from all the other cases in terms of how you dress.
01:42We've talked about this.
01:43Diddy's defense is that he's a swinger and not a criminal.
01:48That this is his lifestyle.
01:49This is nothing criminal.
01:51This is just how I choose to lead my personal life when it comes to sexual partners.
01:56So the jury has got to look at Diddy as a guy who would be a swinger.
02:03You put this guy in a cardigan or a Brooks Brothers suit and it may not telegraph well.
02:11And I'm really being serious here.
02:14They talk about this.
02:16They've got to believe this guy is a swinger and that is his lifestyle.
02:21I get it's all about optics here, but Harvey, you were very passionate about this this morning.
02:26What does a swinger look like?
02:28To me, a swinger comes in all shapes and sizes and they dress differently.
02:33I know that.
02:33What do you think a swinger looks like when they're dressed?
02:36If you Google a swinger, what do you see?
02:37Well, don't do that, Devin.
02:39I don't work anyway.
02:40No.
02:40I guess my big issue is what a swinger doesn't look like.
02:44That you don't want to go against what they're trying to sell to the jury.
02:49I disagree with you.
02:50I disagree with you.
02:51This happens every day.
02:52Here's what he needs to present to the jury.
02:54That he is taking this very seriously.
02:56Yes.
02:57Yes, this is my lifestyle, but I'm taking this very seriously.
02:59And a suit and tie would be fine.
03:02So let me ask you something.
03:04I get it and he should.
03:06Because by the way, swingers do wear suits and ties.
03:08I understand that.
03:09I'm talking about subtleties.
03:11What about a really nice suit and a tie, but a black shirt?
03:16Make it, in other words, you don't, and I know this.
03:21So you're saying dress like nightclub diddy.
03:23What I'm saying.
03:24You want a gold chain?
03:26I know a lot of you guys who are watching this are thinking, oh, this is so frivolous and
03:31so stupid.
03:32Lawyers and jury consultants spent a lot of time talking about what the defendant should
03:38wear in court.
03:39And this is a particularly dicey case because of what the defense is trying to sell to the
03:45jury.
03:45I mean, in some ways, it would have been easier.
03:47It wouldn't have been better for him, but it would have been easier if the judge, for
03:50whatever reason, said, no, you've got to wear the prison jumpsuit.
03:52Oh, God, that would be a disaster.
03:54It would be a disaster.
03:54But at least he wouldn't have to.
03:56Now he's got all sorts of options.
03:58And I don't know.
04:00I kind of understand what you're saying, that maybe nightclub diddy is the way to go.
04:05But not even full nightclub.
04:06I'm just saying that you just.
04:07All right, so you didn't answer.
04:08Chains or no chains?
04:09No chains.
04:10No chains?
04:10Yeah.
04:11Yeah.
04:11I was joking about that in the morning meeting.
04:13Okay.
04:13But, and look, you don't want to make it difficult for the jury to believe the story the defense
04:23is telling.
04:24That can be done through how he acts in court, his expressions in court, and how he looks
04:31and dresses in court.
04:32Yeah.
04:32And it's all really relevant.
04:34And I will tell you, folks, in the Menendez case, those sweaters made a difference because
04:41it was really hard to reconcile what you're looking at there with two cold-blooded murderers.
04:50Right.
04:50And it was really hard for them to reconcile.
04:53Now, in the second trial, did they wear suits?
04:56They, um, they did not wear sweaters in the second trial, as much as I said.
05:00Oh, they were, yeah.
05:01Yeah.
05:01In the second trial, they were in their prison jumpsuits.
05:03How does the judge decide that, by the way?
05:05Like, if they're allowed to wear, just whatever.
05:08Why did they have to wear their prison jumpsuits the second time around?
05:10You're opening a whole can of worms here.
05:12The judge in that case was Stanley Weisberg, both in the first and the second trial.
05:16Right.
05:16In the first trial, the judge allowed all sorts of things that, for whatever reason, without
05:21explaining, he didn't allow in the second trial.
05:25And a lot of people felt the judge wanted the two of them convicted.
05:31And didn't allow testimony they did in the first case.
05:34And without ever explaining it, but that look, wearing that...
05:39The prison, that's the prison blues.
05:41It's like, what's the difference between the first and the second trial, other than Stanley
05:45Weisberg making a different decision?
05:47Hi, my name's Alondra.
05:48I'm from Austin, Texas.
05:50And it's funny how we're more focused on the image instead of justice.
05:54And I hope that we don't forget what this is really about, which I'm just hoping to pray
05:59that we finally get justice.
06:01And I understand what you're saying, Harvey, but I don't agree that our focus is switching
06:05over to something irrelevant.
06:07Oh, and I'm not even...
06:08Look, we're not telling you what to believe or not believe.
06:12We're just trying to explain to you the strategy on both sides on what they're trying to do.
06:17And that is part of the strategy.