Topline
Prosecutors told the judge presiding over Sean “Diddy” Combs’ racketeering and sex trafficking trial they will drop theories they presented alleging Combs was responsible for attempted kidnapping and attempted arson, weeks after rapper Kid Cudi testified his car exploded after Combs learned he was dating Cassie Ventura.
Prosecutors included the attempted arson and kidnapping theories as part of the racketeering … More
Key Facts
Prosecutors submitted a letter to judge Arun Subramanian on Tuesday, stating they would drop the theories to comply with the court’s directive to “streamline” their instructions to the jury.
Prosecutors had previously introduced both the attempted kidnapping and attempted arson theories in an effort to prove their racketeering conspiracy charge against Combs, one of the five federal charges he faces (Combs has pleaded not guilty to all charges).
Capricorn Clark, a former assistant to Combs, testified Combs kidnapped her at gunpoint in December 2011 and told her: “Get dressed, we’re going to go kill” Kid Cudi, after Combs learned the rapper was dating Ventura during a break in their relationship.
Kid Cudi testified Combs broke into his home in December 2011, at which point he called Combs and said, “Motherf——, are you in my house?” to which Combs replied, “I am here waiting for you,” though Combs was no longer there when Kid Cudi returned home.
Weeks later, Kid Cudi’s car exploded in his driveway, and the rapper testified he believes Combs “had something to do with” the bombing, but the defense objected to the remark and the judge told jurors to disregard the rapper’s statement.
Ventura, the government’s star witness, testified Combs had said he wanted to blow up Kid Cudi’s car after learning about her brief relationship with the rapper.
A police report from the time indicates Kid Cudi’s car was set on fire by an “incendiary device” on Jan. 9, 2012, though nobody was charged in relation to the incident, and prosecutors showed jurors pictures of the rapper’s damaged car during his testimony.
Why Are Prosecutors Dropping Their Arson And Kidnapping Theory?
Mark Zauderer, a veteran trial and appellate lawyer, told Forbes the prosecution’s move is not unusual and that attorneys may believe they have “not likely proven to the jury’s satisfaction” how the attempted arson and kidnapping allegations prove the racketeering charge. To maximize the chance of a conviction on the racketeering conspiracy count, prosecutors will instead focus on allegations which they believe “very adequately established the elements of the crime,” Zauderer said, adding it is a “tactical judgment by the government, and I do not view it as any concession of lack of strength of evidence on the major counts in the case.” Prosecutors said in their letter they are complying with the “Court’s desire for brevity” and they would “simplify” the language used in their instructions to jurors relating to the racketeering conspiracy charge. Meghann Cuniff, an independent legal reporter who has covered the Combs trial, said in a post on X she believes prosecutors feel the racketeering conspiracy count is the “weakest charge” and questioned whether Combs “causing someone to commit an act” like arson is sufficient to prove he entered a racketeering agreement. She said in response to a commenter it “sure seems like” Kid Cudi testified for nothing.
How Else Will Prosecutors Try To Prove The Racketeering Charge?
In a court filing earlier this week, prosecutors outlined various allegations under the racketeering charge in a proposed verdict form that will be used by the jury. The proposal initially included the attempted kidnapping and attempted arson allegations, but also outlines other allegations, including bribery, forced labor, sex trafficking, and transportation for the purpose of prostitution, all of which prosecutors say can prove racketeering conspiracy. In earlier testimony, a Los Angeles hotel employee said Combs bribed him for a video, published by CNN last year, that depicts Combs attacking Ventura in the hotel’s hallway. Multiple former Combs employees also took the stand, including one who testified under the pseudonym “Mia,” who said Combs made her work for days on end without sleep and sexually assaulted her.
What’s Left In The Diddy Trial?
Both prosecutors and defense attorneys are scheduled to present closing arguments to the jury Thursday. The prosecution rested its case Tuesday after more than a month of testimony, during which prosecutors called 34 witnesses to the stand. The defense declined to call any witnesses, and Combs told the judge he and his lawyers decided he would not testify. The defense rested its case Tuesday after about 20 minutes, arguing prosecutors failed to prove their charges and presenting text messages between Combs and Ventura attorneys argued showed Ventura was a consenting participant in their “freak-off” sexual encounters. After closing arguments, the case will be in the hands of the jury for deliberation. Prosecutor Maurene Comey said in court Tuesday she does not believe the jury will begin deliberating until Monday.
Further Reading
Prosecutors Made A Strong Case Against Diddy—But Verdict Unpredictable—Legal Experts Say (Forbes)
Diddy Trial: Kid Cudi Testifies Sean Combs Broke Into His House Before His Car Was Firebombed (Forbes)
Read the full article here