Diddy trial day 32 recap: Combs declines to testify

Sean “Diddy” Combs may have made his fortune with lyrics, but told a judge Tuesday that he is reserving the right not to share his words by not taking the stand in his sex-trafficking trial, which is expected to conclude this week.

Combs’ decision came about an hour after prosecutors rested their lengthy case against Combs, after calling 34 witnesses over 28 days. They spent seven weeks trying to convince a federal jury that the rap mogul used his business empire to coerce women into sex.

Facing the possibility of life in prison if convicted on all counts, Combs has remained largely silent since the trial began last month but confidently told the judge overseeing the case that he will not be testifying.

“That is my decision with my lawyers,” said Combs, as his voice boomed through the hushed courtroom.

“How are you feeling today?” U.S. District Judge Arun Subramian asked Combs, standing to reply.

“I’m doing great, how are you, your honor? I want to tell you thank you. You’re doing an excellent job,” Combs said.

The moment marked a rare departure from the formality of the trial and the testimony, which has been marked by deeply emotional and at times disturbing testimony.

Following Combs’ announcement, his lawyers presented a brief case, only showing the jury evidence that, they say, casts doubt on the testimony of some witnesses. Combs’ attorneys said the evidence suggests the alleged victims in the case actually consented to the sometimes days-long sex parties known as “freak offs” or “hotel nights.”

Those orgies are at the core of the case against Combs, as prosecutors have alleged the rapper used his employees, wealth and influence to pressure women to participate and then blackmailed or threatened them into silence. According to the testimony, Combs would choreograph the episodes and then watch and masturbate while his girlfriends would have sex with male prostitutes.

Combs has pleaded not guilty to the charges of sex trafficking, racketeering conspiracy and transportation to engage in prostitution.

The defense rested its case on Tuesday after asking the judge to issue an immediate acquittal. Subramian did not rule on that motion, which is standard in criminal cases.

Lawyers for both sides are set to return to court Wednesday to work with the judge on the specific instructions that will be issued to the jury before deliberations begin.

The jury is scheduled to return to court on Thursday to hear closing statements. Deliberations could start as early as Friday.

Judge reserves decision on Combs’ request to toss case

As soon as prosecutors rested their case against Combs, defense lawyers asked the judge to find Combs not guilty of all charges.

The move – known as a motion for a “directed verdict” – is an argument that prosecutors did not present a case that proves guilt beyond a reasonable doubt. Defense attorneys routinely make the motion after the government rests, and judges rarely grant the request.

“The evidence does not establish that Mr. Combs conspired with any other person to violate the (racketeering) statute,” defense attorney Alexandra Shapiro said. “They failed to show that any other individual actually conspired with him to conduct the affairs of this 20-year purported criminal enterprise.”

Shapiro argued that any employees who might have helped Combs set up hotel rooms for “freak offs” did the tasks as “personal errands” for Combs and did not know about the sexual activity that took place in the rooms.

Shapiro also took aim at allegations made by federal prosecutors, who have argued Combs firebombed the Porsche owned by rapper Kid Cudi or committed bribery to silence a security guard who witnessed the aftermath of a 2016 assault.

Defense lawyers also went back to one of their key themes from throughout the trial —while Combs may have engaged in domestic violence and led an unconventional sex life, he didn’t commit a crime, and that prosecutors failed to prove he engaged in sex trafficking.

“Domestic violence is not sex trafficking,” Shapiro said.

Combs’ lawyers decline to call any witnesses during brief defense case

Combs’ defense lawyers rested their case without calling any witnesses, instead only reading some items into the record.

Defense attorney Anna Estevao read exchanges of text messages from the singer Cassie Ventura, who expressed her love for Combs even after years of what federal prosecutors argued was coerced sex with male escorts. Ventura and Combs were longtime romantic partners.

“Bottom line, I love you. You are important to me, and I know I will never have a love like this in this lifetime,” Ventura wrote in a 2012 message. “Besides making love, talking to you is my favorite thing.”

In another message, Ventura told Combs, “I miss you.”

Combs responded, “So what you going to do.” Ventura replied, “Be your lil freak.”

Defense attorney Teny Geragos also read notes from law enforcement sessions with witnesses, suggesting some of the testimony differed from original statements.

Daniel Phillip, the second witness to testify during the trial, originally told jurors that he saw Combs throw a bottle toward Ventura and “grabbed her by her hair and dragged her by her hair into the bedroom. Phillip testified Combs emerged from the bedroom a while later to ask Phillip “are you guys ready to continue?”

Geragos read law enforcement notes from a meeting with Phillip that seemed to indicate Combs said something else: “In approximately 2013, Phillip saw Ventura get physically assaulted. Combs eventually came back out and said ‘Yo man I’m going to have to deal with this. You need to get the f—- out,'” Geragos read.

While Combs’ attorneys presented a defense case without any witnesses, they spent days thoroughly questioning the prosecution’s witnesses and using cross-examination to present the bulk of their arguments to the jury. They tried to cast doubt on the testimony of the alleged victims, highlighting positive and loving messages exchanged with Combs, and arguing the interactions suggest the women were willing participants in the orgies.