Why Sean “Diddy” Combs Might Walk Free

This week moved in a surprising direction in the federal music industry sex-trafficking case against music executive Sean Combs, also known as Diddy, when the prosecution, quietly but significantly, withdrew as part of its racketeering indictment some of the most lurid allegations in the case, a move legal scholars suggest may shrink the chances of securing a conviction.

Later on Monday, the government asked U.S. District Judge Arun Subramanian to drop the charges of attempted kidnapping, attempted arson, and aiding sex trafficking off the broader RICO charge. 

This was granted by the judge shortly before the jurors came back to hear closing arguments, with a more sleeked-down-but-not-lightened case of sex trafficking, transportation in prostitution, and conspiracy.

A more detailed story on jurors

Earlier, the attorney general had alleged that Diddy had ordered the burning of the car of rapper Kid Cudi and that he had orchestrated the kidnapping of an ex-girlfriend, allegations that were blasted in the headlines and raised public outrage. 

They are easily eliminated because they streamline the process of instructing the jury and also avoid a lot of debate on untenable incidents that the government might have found difficult to prove beyond a reasonable doubt.

Former federal prosecutor Sarah Krissoff told CNN that when a prosecutor lowers an indictment at this late stage, it could be an indication of either missing evidence or an intention of preventing the jury from losing track of what purports to be the strongest evidence. 

It may be beneficial to the government; it may also play to the advantage of the defense should the jury think the case being presented is not as strong as it was before.

While undergoing cross-examination, the defense attorneys focused on the existence of immunity deals, civil lawsuits, and inconsistencies between dates as means of trying to rob the personality of key witnesses of their credibility. 

They argued that a lot of interactions were voluntary, albeit exploitative and that there was no united criminal enterprise.

Since the other RICO element also requires jurors to agree with the statement that Diddy was in the position of leadership of the enterprise that engaged in sex trafficking, any questions about the credibility of witnesses promise to fracture the jury.

An efficient defense

After six weeks of calls by the prosecution witnesses-including those of ex-girlfriend Cassandra Cassie Ventura, an accuser referred to as Jane Doe, rapper Kid Cudi, former staff members, among others, Combs’ defense team closed their case on Tuesday without calling witnesses. 

The owner of Bad Boy records also declined to testify, asking Judge Subramanian to tell that decision is his and also the sole one after discussing it with his legal team.

Veteran defense lawyer Marc Agnifilo is resting on the hope that the prosecution evidence will still not be good enough to conclude that there was coercion, force, or fraud: but now, it doesn already include the most outrageous allegations. 

According to Laurie Levenson, a professor at Loyola Law School, they are exuding a lot of confidence. You do not waive a chance to cross examine your own witnesses unless, convinced that the government has not met its burden.