Music producer Sean “Diddy” Combs’ defense concluded the presentation of their case on Tuesday in the federal trial he is facing for charges of organized crime and sex trafficking. After six weeks of testimony and 34 witnesses called by the prosecution, the trial now enters its final phase, with closing arguments scheduled for this Thursday.
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Before the midday recess, the prosecution announced that it was closing its case. In the absence of the jury, the defense filed a motion under Rule 29 of the federal criminal procedure, requesting an immediate acquittal on the grounds that the prosecution failed to prove its case beyond a reasonable doubt.
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Lawyer Alexandra Shapiro, part of the defense team, argued that prosecutors did not demonstrate the existence of a conspiracy between Combs and third parties —necessary to support the charge of organized crime— and that, on the contrary, Combs took steps to conceal the nature of his sexual acts, even from his then chief of staff, Kristina Khorram. She also argued that the charges of sex trafficking linked to the accusers identified as “Jane” and Cassie Ventura were not properly substantiated.
Prosecutor Christy Slavik responded that the evidence presented is sufficient for the case to be submitted to the jury for deliberation. Judge Arun Subramanian indicated that he will reserve his decision on the motion.
During an intervention without the jury present, the judge addressed Combs directly to confirm that he understood his right to testify or not in his own defense. The accused confirmed that he would not testify. “I’m doing fine, Your Honor. I wanted to say thank you. You are doing an excellent job,” Combs said. The judge responded with a brief smile: “Thank you, I appreciate it.”
The defense presentation focused on text messages between Combs and Ventura, read aloud by lawyer Anna Estevao, in which they both discussed consensual sexual encounters and drug use. In a 2017 exchange, Combs asked, “Do you think you can have a ‘Freak Off’ without getting high? Hahaha”. Ventura replied, “I just have to be at my level, in what’s good for me”.
Another defense lawyer, Teny Geragos, read stipulations related to the statements given by witnesses before the trial. According to the defense, some accusers initially omitted details that they later affirmed in their testimonies. For example, Dawn Richard, a former member of Danity Kane, did not mention in several meetings with the government that Combs had threatened her. Similarly, “Mia” did not report in her initial interviews that Combs had initiated sexual contact, and Bryana Bongolan did not tell prosecutors that Combs had threatened her life during a photo shoot, as stated in the stipulations.
Prosecutor Maurene Comey confirmed that the government will not present rebuttal witnesses. Judge Subramanian has called for a technical hearing this Wednesday at noon, where the instructions to be given to the jury will be defined.
The jury will return on Thursday to hear the final arguments from both parties. According to the prosecution, it is unlikely that deliberations will begin before Monday.