Lawyers Clash in Puffy Trial's Opening

January 29, 2001 -- Arguments in the trial of Sean "Puff Daddy" Combs began today with a resounding clash: The prosecution said that Combs not only had a gun at a New York club, but he fired it; the defense said that Combs was the victim of a "star-struck, select prosecution."

Combs is standing trial at Manhattan, N.Y., Superior Court, alongside fellow rapper Jamal "Shyne" Barrow and bodyguard Anthony "Wolf" Jones, for charges stemming from a Dec. 27, 1999, shooting at a New York nightclub in which three people were injured.

Combs, 31, and his entourage, including his girlfriend, pop singer and actress Jennifer Lopez, fled the scene in a sport utility vehicle pursued by speeding police cars, the prosecutor said. He said a witness would testify seeing a gun thrown out of the right-rear car window at which Combs was seated. Combs was also charged with offering his driver a $50,000 cash bribe to claim ownership of the gun.

Assistant District Attorney Matthew Bogdanos said the nightclub dispute began when Combs — whose empire includes Bad Boy Records and the Sean John clothing line, with a combined annual gross of $160 million — bumped someone, spilling his drink. The man taunted Combs about his wealth and after some arguing, somebody threw cash at Combs as an insult.

Bogdanos said that as people in the club grabbed for the money, Barrow drew a semiautomatic handgun and opened fire at the man but instead shot and wounded three bystanders.

"You will hear that Mr. Combs fired a gun. The witness will say Sean Combs fired a gun. It is impossible to say who fired first, but looking at the ballistic evidence, you will hear that Mr. Barrow fired three times and Mr. Combs [fired] once," the prosecutor said, adding, "[Combs] fired it, by all accounts, straight up."

Three people suffered wounds from the shots fired by Barrow, prosecutors said. Each of the victims is separately suing the three defendants for $100 million.

Combs sat in court in a gray charcoal suit with a white shirt and a white tie, intently listening to the opening arguments. He denied the charges but faces 15 years in prison if convicted of illegal gun possession.

His lawyer, Benjamin Brafman, told the jury in his opening argument that Combs did not have a gun and "you will conclude that this is a star-struck, select prosecution of a superstar and that this case is about fame and money."

The case has been billed in the New York media as one of the celebrity trials of the year and spectators lined up early this morning to take a seat in the crowded courtroom.

"The media created a frenzy at the [police] precinct and Mr. Bogdanos is stuck with the damaged goods," Brafman said of the events that night. "The only thing you can do is find him not guilty."

The rapper is also represented by attorney Johnnie Cochran, who defended former NFL star O.J. Simpson in the double-murder trial in Los Angeles in which he was acquitted of killing his ex-wife and a friend.

Brafman argued his client "had so much to lose and nothing to gain, why would he pull out a gun?" He also claimed that Combs was seen dancing at the club with his arms raised above his head and that no one saw him with a gun.

"The only hip-hop you are going to see in this case is Mr. Bogdanos trying to hip-hop around the inconsistent theories in this case," Brafman said.

Barrow, 20, is charged with attempted murder and gun possession. He was arrested by police outside the nightclub after the shooting. Jones, 35, was brought in the car with Lopez and Combs and was taken to the police station that night. He is accused of having the gun by his feet in the car, and he also faces a bribery charge.

Lopez was questioned by a grand jury but was not charged. However, she could be called to testify at the trial because her name was on defense and prosecution lists of potential witnesses.

Reuters contributed to this report.