Day 29 of Sean “Diddy” Combs‘ federal trial was highlighted by contentious evidentiary disputes and emotional content, culminating in a critical milestone: the prosecution rests its case. Six weeks of testimony later, federal prosecutors finished their case in front of the jury formally, paving the way for the defense to make its case.
Early Debates Over Text Messages
Court began with a barrage of arguments between the prosecution and defense over which text messages were admissible. One of the biggest arguments was over a message from Cassie Ventura, Combs’ ex-girlfriend, in which she expressed a desire to have sex with him. The defense tried to introduce the text to show that Ventura willingly participated in supposed “freak offs.” But the judge stated the message was referring to a one-on-one encounter, not one involving others, and sustained the prosecution’s objection.
On the other hand, some other messages were allowed. A request for baby oil, Ventura’s statement that a night was “pretty hot,” and a conversation where she indicated she could engage in a “freak off” without getting high were all admitted into evidence. These were determined to be possibly relevant to the state of her mind and the nature of the encounters.
Cross-Examination and Footage Shown
Homeland Security Investigations Special Agent Joseph Cerciello was cross-examined once more by defense attorney Teny Geragos. The defense attempted to use text messages between Combs and another woman, “Jane,” to show a pattern of voluntary participation. The messages included flirtatious banter and logistical discussions, like booking non-disclosure agreements for escorts.
The jurors also viewed video of a “freak off” involving Jane and another man. While there was a brief technical issue with the juror headsets and the incorrect video being shown briefly, the proper video was shown for approximately six minutes.
These videos and messages were used by the defense to argue that not only was Jane a willing participant but even planned some encounters, contrary to claims of coercion. The goal appeared to be to counter allegations of abuse and control with narratives of mutual participation.
Prosecution Wraps Up Six Weeks of Testimony
Today, prosecutors formally rested their case against Combs, and the jury has heard 34 witnesses testify over the past six weeks. The most important witness was Cassie Ventura, who testified about physical violence, manipulation, and coercion to engage in sex acts while under the influence of drugs, made the argument that even though she complied on the surface, she never felt like she had a choice.
Another strong testimony was by a former personal assistant, “Mia,” who accused Combs of serial sexual assault and testified to the covering up of the aftermath of “hotel nights.” And yet another key witness, Jane, corroborated the physical and emotional damage that Combs’ sexual demands inflicted.
Rapper Scott Mescudi, aka Kid Cudi, testified on the stand as well about his friendship with Ventura and witnessing abuse and manipulation from Combs.
Prosecutor Christy Slavik told the court that the government believes the evidence brought forward is substantial enough to proceed to the jury and asked the judge to reject the defense’s Rule 29 motion.
No sooner had the prosecution rested, when the defense filed a Rule 29 motion for judgment of acquittal on counts one through five, including the RICO racketeering count. Defense attorney Alexandra Shapiro argued the government failed to meet the level of conspiracy or enterprise in the RICO statute. She characterized the evidence as illustrating personal, consensual relationships and not criminal organization.
Shapiro indicated that while employees like escorts and security guards were involved in logistics, there was no proof that any of them voluntarily participated in a criminal enterprise. She referred to messages wherein Combs seemed adamant to hide escort activity even from his inner staff. This was contrary to the assertion that his inner staff voluntarily participated with him in crime, the defense claimed.
Judge Arun Subramanian addressed Combs directly then, inquiring how he was faring. Combs replied that he was “doing great” and complimented the judge on how he had handled the trial. Questioned about whether he had chosen not to testify, Combs replied that it was his choice and that he had talked about it at length.
What Happens Next
Now that the prosecution has finished its case, the defense will make its case, which may include calling witnesses, introducing counter-evidence, or bringing further motions for acquittal. What transpires in court from here will determine whether Combs’ attorneys can demolish the prosecutors’ case presented over the past month and a half.
As of Day 29, the prosecution has rested its case, handing over the courtroom limelight to the defense in one of the most widely covered celebrity trials in recent memory.
