Phil Holloway

If the prosecutor is hanging his or her hat on the fact that this was not intentional...

then that's absolutely ridiculous because if it were intentional, it would, of course, be a murder charge.

But criminal negligence, by definition, is a case that does not involve criminal intent, but it is inappropriate to sentence someone to straight probation when their criminal negligence causes the death of another person.

In my professional career, both as a prosecutor and as defense counsel, I've been involved in many cases involving car crashes that are based on criminal negligence.

And almost uniformly, there's some type of prison sentence involved if there's serious injury.

And of course, absolutely, if there's a death involved.

Well, I think the arguments raised by Diddy's lawyers are based on pretty thin tea.

Look, the trial judge has already rejected this exact First Amendment defense prior to the sentencing.

Considering that this did not come up very much, if at all, in the oral arguments, I think speaks to the fact that everyone, the lawyers, and I'm sure the judges understand that this is probably the weaker of the arguments.

So the limited time on oral argument would be better spent from the defense perspective on the arguments that may be stronger.

But it's important to remember that even if these encounters were filmed, the trial evidence, including the testimony,

describe them as part of a pattern involving control, drugs, and pressure on these women.

And you can't use the First Amendment as a shield to get away with underlying conduct that is in and of itself a crime.

The defense would like the court to make some kind of finding that the judge considered specific conduct in his sentencing for which

Did he was acquitted.

He was not convicted of course, of all of the charges.

He was convicted of these man act violations, but the judge.

just like the jurors sat through every day of the trial.

And the judge is not required, nor is he expected to ignore the totality of the evidence in the case when it comes to how he exercises his sentencing discretion.

And on the question of whether Combs could win early release, don't bet on it.