Sean 'Diddy' Combs trial: The prosecution and defense rest; Combs confirms decision not to testify

Yahoo

5 days ago

After more than a month of graphic testimony from nearly three dozen witnesses, including ex-girlfriends, former assistants, hotel staffers, law enforcement agents, male escorts and one rival rapper, the sex trafficking trial of Sean 'Diddy' Combs is nearing its end.
The prosecution rested its case on Tuesday afternoon after its 34th and final witness, Joseph Cerciello, a special agent with Homeland Security Investigations, concluded his third day on the stand.
Less than two hours later, the defense rested without calling any witnesses — including the defendant —to the stand. Combs confirmed to the court that it was his decision not to testify.
"That is totally my decision," Combs told Judge Arun Subramanian.
Closing arguments are set for Thursday, followed by jury deliberations.
Federal prosecutors say that for decades, Combs abused, threatened and coerced women to participate in drug-fueled marathon sexual encounters called "freak offs" and used his business empire, along with guns, kidnapping and arson, to conceal his crimes. His lawyers have argued that the encounters were consensual, and Combs has denied any wrongdoing.
The 55-year-old hip-hop mogul is facing five criminal counts: one count of racketeering conspiracy, two counts of sex trafficking by force, fraud or coercion and two counts of transportation to engage in prostitution. If convicted, he could face life in prison.
Here are some key takeaways from this week's court proceedings culled from various reporters and news organizations in the courtroom, including CNN, NBC News, and the Washington Post.
After submitting some exhibits into evidence, the defense rested its case without calling any witnesses.
After lead defense attorney Marc Agnifilo, told the court of its decision not to the defendant to the stand, Subramanian turned to Combs to ask how he was feeling.
"I am doing great, thank you, Your Honor," Combs said, adding: "You are doing an excellent job."
"Is it your decision not to testify?" Subramanian asked Combs.
"That is my decision, that is totally my decision," Combs said, adding that he and his lawyers had discussed it "thoroughly."
Cerciello, a summary witness for the prosecution, testified about the evidence collected by law enforcement in its investigation, including phone records, text messages and videos of the 'freak offs.'
Combs appears in some of the 50 sexually explicit videos collected by federal agents, Cerciello said.
The jury wore headphones as it viewed about footage on screens not visible to the rest of the court.
It's not clear if Combs was in the clips that the jury saw.
Big picture: While the explicit videos were a key part of the government's presentation, the defense also played "freak off" footage for the jury, presumably in an effort to prove that the encounters were consensual.
The jury saw text messages and heard voicemails Combs left for staff members asking for various 'freak off' supplies, including Cialis, Astroglide, coconut water — even vegetable soup.
In a November 2021 voice message, Combs is heard telling Kristina Khorram, his chief of staff, that he is out of baby oil, one of his preferred lubricants used during "freak offs."
"I can't believe I'm out," Combs told Khorram in the voicemail.
Khorram, in turn, assured Combs that a fresh delivery would be left outside his door shortly.
Similar text messages between Combs and Khorram about replenishing lubricant were also shown in court.
Big picture: According to the indictment, federal agents seized 'more than 1,000 bottles of baby oil and lubricant' during FBI raids of Combs's homes in Miami and Los Angeles. And photos taken from the FBI's March 2024 raid of Combs's L.A. home revealed he kept 200 bottles of baby oil in cabinets, drawers and an apparent humidity-controlled case similar to a cigar humidor.
While Cerciello was on the stand, text messages entered into evidence included an exchange between a representative for the male escort agency Cowboys 4 Angels and Combs, who asked that the company not raise his rate because he was a longtime customer.
"Stop raising my rate i am a long timer," Combs wrote in a chat with a Cowboys 4 Angels representative named Bridget on Sept. 26, 2023. The agent informed Combs that the rate wasn't set by the company but by the escorts themselves. Combs said it was OK and requested that an escort named Cody come to the Trump International Hotel & Tower New York at 1 a.m.
In another exchange, Bridget messaged Combs saying there was a mistake with a cash payment and that he owed $600.
'Lol he couldn't even perform,' Combs replied.
The agent told Combs that the cost is based on time and not service. 'Whether you're sky diving or dancing,' she wrote, 'you pay for his time.'
Big picture: Under cross-examination, Cerciello testified that some of the expenses and invoices related to 'freak offs' collected as evidence, including flights and hotel stays for male escorts, were listed as paid for by Combs personally, undercutting the prosecution's allegations that Combs was using his business empire to facilitate them.
Here are some of the key people who testified for the government earlier in the trial and what they said.
Cassie Ventura: Taking the stand for more than 20 hours, Ventura told the court her decade-long relationship with Combs was frequently marked by violence and physical abuse, describing in detail the drug-fueled "freak offs" that would take days to recover from. Jurors were also shown a 2016 surveillance video of Combs hitting, kicking and dragging Ventura in the hallway of a Los Angeles hotel. The defense team presented hundreds of text messages between Ventura and Combs from throughout their relationship in an attempt to show that Ventura was a consensual participant in the "freak offs," sometimes even planning them herself.
Eddy Garcia: A former security officer at the InterContinental Hotel in Los Angeles, Garcia testified that Combs paid him $100,000 in cash in a brown paper bag and also made him sign a nondisclosure agreement in exchange for the surveillance footage. 'Eddy, my angel, I knew you could help,' Combs told Garcia, according to the witness.
'Mia': Testifying under a pseudonym, a former assistant described a harrowing and 'toxic' work environment dominated by Combs's 'unpredictable and terrifying' behavior, telling the court that he physically and sexually assaulted her multiple times. She also said he threatened to tell Ventura that they had slept together.
'Jane': Also testifying under a pseudonym, another ex-girlfriend and an alleged victim of Combs tearfully recounted the harrowing sexual encounters she knew as 'hotel nights' — telling the court that she felt obligated to 'perform' sex acts for Combs because he was paying her rent. She also testified about a brutal assault she endured before Combs ordered her to cover up her injuries and take ecstasy for an impromptu 'hotel night.' But despite the alleged abuse, Jane said that she still loves Combs, who she believes may have been exploring bisexuality by watching her have sex with other men.
Subramanian said that he will convene what's known as a charge conference, or a meeting between a judge and attorneys to finalize jury instructions, on Wednesday.
Closing arguments will follow on Thursday. Lawyers for both the prosecution and defense told Subramanian that they expect their summations to take about four hours each to complete.
Jury deliberations will begin either Thursday or Friday.