Shyne's Lawyer Admits He Had Gun
N E W Y O R K, March 12, 2001 -- A defense lawyer today admitted for the first time that Jamal "Shyne" Barrow fired a gun but maintained it was in self-defense, while the lawyer for Sean "Puffy" Combs told the jury the rap mogul is being framed by "bad people" who want a chunk of his bank account.
Lawyers for Combs, Barrow and co-defendant Anthony "Wolf" Jones presented their closing arguments today, with Comb's team claiming that several prosecution witnesses lied because they hoped to profit from a Dec. 27, 1999, nightclub shooting that left three people wounded.
"Bad people came into this courtroom and made bad accusationsbecause they wanted to get rich," said Combs' attorney Benjamin Brafman, according to The Associated Press.
Key Questions
Brafman said out of the 50 witnesses who testified, only two said they saw Combs with a gun in his hand — shooting victims Natania Reuben and Julius Jones, who each have separate civil lawsuits against the star hip-hop producer, who founded Bad Boy Records and has his own Sean John clothing line.
Combs, 31, and bodyguard Jones, 34, are charged with gun possession and bribery stemming from the shooting, which followed an argument in Manhattan's Club New York. Barrow, 21, Combs' rap protégé, is charged with attempted murder and assault.
If convicted, Combs would face up to 15 years in prison. Barrow could be sentenced to 25 years. Prosecutor Matthew Bogdanos is expected to give his closing arguments Tuesday in State Supreme Court in Manhattan.
As Combs, Jones and Barrow's defense laid the case out for the jury, they focused on several key issues:
Was Barrow’s gun the only weapon that wounded the three patrons that night? Barrow’s lawyer, Ian Niles, told jurors this morning that his client sought to protect himself after another patron fired the initial shot.
"This was an incident precipitated by 'Scar,'" said Niles, referring to Matthew "Scar" Allen, who allegedly argued with Combs before the shooting erupted. Niles alleges "Scar" was verbally threatening Barrow's life when someone in his group fired the first shot, and then Barrow fired two shots into the air.
Niles also said Barrow had the gun that night for a specific reason. "He had that gun because he had been shot at just a few weeks earlier," the defense attorney said.
Puffy Defense Tears at Witnesses
Combs' lawyers gave their closing later in the day, with Brafman trying to discredit the witnesses while encouraging the jury to acquit the star.
With regard to victim Jones, Brafman argued he is untrustworthy. He said the only job Jones has held down was a part-time position with the City Parks Department in 1999, and yet he often goes to clubs and waswearing a leather suit the night of the shooting.
"Would you leave him the key to your apartment to water yourplants?" Brafman asked. "What do you think Julius Jones does fora living? … Julius Jones lied to you in this courtroom."
Brafman also accused Reuben of being a liar, referring to testimony from a close friend of hers. Patricia Richardson testified that Reuben told her: "I don't remember who shot me, I don't remember who had a gun, I was on the floor holding my face."
"Patricia Richardson makes Natania Reuben out to be a liar, and if Natania Reuben is a liar then Mr. Combs must be acquitted," Brafman declared.
Brafman also refuted accusations that Combs and Jones tried to hide a second gun in their sport utility vehicle when they were finally pulled over by police after leaving Club New York. With them at the time was Combs' girlfriend, actress-singer Jennifer Lopez. Lopez, who has since split from Combs, was not charged in the incident.
Brafman described the scene when Combs' car was pulled over as one of terror.
He said Combs was slumped over in his car when six white police officers surrounded it to arrest him after the shooting. According to The Associated Press, Brafman asked the 12 jurors, seven of whom are black, like the three defendants, "Is it so hard to imagine you might be in terror?"
Two Very Different Stories
After six weeks of testimony the jury is left with two distinctly different versions of what transpired that night at Club New York. Taking the stand in his own defense, Combs denied all charges, maintaining he was never armed that night and that he never tried to bribe his driver, Wardell Fenderson.
Fenderson testified that Combs had a gun in his possession even before arriving at the club.
“I saw Mr. Combs holding in his hand a black handgun,” said Fenderson. “It was an automatic.”
The former driver said he was offered money and jewels to take the rap for the gun found in the SUV. He testified that Combs and Jones offered $50,000 as collateral, in addition to a platinum and diamond pinky ring that Lopez had given Combs as a birthday present.
In his closing arguments, Brafman countered Fenderson's claims, reminding the jury that the driver has his own $3 million lawsuit against Combs.
"He doesn't deserve a dime and you can't help him get it, because to do that, you've got toconvict an innocent man on false evidence," Brafman said.
Jones' lawyer, Michael Bachner, also took swipes at Fenderson in his closing argument. Bachner explained that while Fenderson testified he saw Jones with a gun, no other witness described having seen Jones with a gun in the club.
"If Tony had no gun in the bar, then Tony had nogun in the car," said Bachner, who added that Jones, as a bodyguard, probably wouldhave drawn a weapon had he been carrying one.
The jury could get case as early as Tuesday after receiving instructions from the judge. Given the conflicting testimony, they will have to weigh the credibility of each witness with regard to the defendants.
Legal experts say that if the jury finds Combs’ testimony consistent and reliable, he will be acquitted.