It appears Sean “Diddy” Combs will not testify in his own defense.
Before the jury entered court on Monday, June 23, the entertainment mogul’s lead attorney Marc Agnifilo said the defense doesn’t plan to call any witnesses, according to the New York Post.
Instead of witness testimony, the mogul’s legal team plans to introduce evidence into the court record. Prosecutors have signed off on the presentation.
That change in tactics likely means Combs won’t be taking the stand, and the defense may rest as early as Tuesday. The prosecution’s final witness, special agent Joseph Cerciello of Homeland Security Investigations, testified on Monday, ABC News reported.
The defense decision to skip witnesses is a reversal of previously reported plans for three witnesses, which were to include two Combs Enterprises employees, and a psychology expert.
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In federal criminal trials, it’s relatively common for defense attorneys to choose not to call witnesses, and this decision is often strategic, according to the law firm of Conaway and Strickler.
The prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt, and the defense isn’t obligated to present any evidence or call witnesses to prove their innocence.
Combs is accused of being the head of an alleged enterprise that “abused, threatened and coerced women” into drug-fueled sexual orgies with male escorts, which were termed “freak offs,” “hotel nights” and “wild king nights,” then threatening participants into silence.
There had been widespread speculation that Combs would take the stand to offer his version of events, in his own words after jurors heard from his former girlfriends Cassie Ventura-Fine and a woman using the pseudonym “Jane Doe.” Both testified that Combs physically abused them and coerced them into engaging in “freak offs” while the mogul watched, recorded the encounters, and pleasured himself.
Cassie testified that the group sex was “disgusting” and “humiliating.” While Jane told jurors Combs allegedly “made” her have unprotected sex with escorts, leading to a string of infections and health problems.
In a voice message played in court, Combs told Jane he was doing his “job” by paying her $10,000 per month rent, and she needed to “get on your job,” suggesting that he wanted her to take part in more sex parties.
The 55-year-old mogul says the acts were consensual sex and that he wasn’t engaged in trafficking. Prosecutors must prove the counts beyond a reasonable doubt.
Combs faces 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.
The Bad Boy Records founder pleaded not guilty to all charges. If convicted, he faces up to life in prison.
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