Prosecutors in the Sean “Diddy” Combs sex trafficking and racketeering trial indicated they are no longer pursuing several allegations against the music mogul, including attempted arson and attempted kidnapping.
In a letter to the judge, the government said the theories of aiding and abetting sex trafficking will also not be pursued.
“The Government is no longer planning to proceed on these theories of liability, so instructions are no longer necessary,” prosecutors wrote in a letter to Judge Arun Subramanian.
“Specifically, the Government has removed instructions from the charge relating to (i) attempted kidnapping under both California and New York law, (ii) attempted arson under California law, and (iii) aiding and abetting sex trafficking. The Government is no longer planning to proceed on these theories of liability so instructions are no longer necessary,” the letter read.
Lawyers are meeting with Subramanian on Wednesday to discuss further jury instructions.
The prosecution’s latest move comes after Combs’ lawyers made arguments to toss out the charges, arguing they weren’t proven. The judge said he’ll rule at a later date.
Prosecutors have called 34 witnesses to try to prove sex trafficking and racketeering conspiracy charges that resulted in Combs’ September arrest, including two ex-girlfriends of Combs who testified they felt coerced into marathon sex events with male sex workers that were called “freak-offs” or “hotel nights.”
Defence lawyers, though, say they were consensual sexual encounters consistent with the swingers lifestyle.
The attempted arson charge stemmed from Kid Cudi’s testimony, after he alleged that Combs broke into his home after learning about his relationship with Combs’ ex-girlfriend Cassie Ventura.
In January 2012, Kid Cudi, whose real name is Scott Mescudi, said that his dog watcher called him from his house to let him know that his car was on fire. He said he was at his ex-girlfriend’s sister’s house about 45 minutes away.
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His friend sent him photos of his damaged car in his driveway and those photos were shown to the jury.
Mescudi described the photo as “the damage of the Molotov cocktail in my Porsche.”
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“It looks like the top of my Porsche was cut open, and that’s where the Molotov cocktail was put in,” he added.
He said law enforcement found a Molotov cocktail in his driver’s seat but once he arrived back home, it was “kind of just burnt up.”
When Mescudi was asked about his reaction to the fire, he said, “what the f—.”
After his car was allegedly set on fire, Mescudi requested to meet with Combs. When asked in court why he wanted to meet with him, the rapper responded that he reached out because he claimed he knew Combs was somehow involved in the fire.
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Combs’ lawyer objected to Mescudi’s speculation, and his answer was struck from the record. Combs has not been proven responsible for the car fire, and his involvement in any way has not been confirmed.
Ultimately, no one was charged with arson in the incident.
Combs, 55, has pleaded not guilty and has remained incarcerated without bail in a federal lockup in Brooklyn after multiple judges concluded last fall that he was a danger to the community.
It is standard practice at federal criminal trials for the judge to directly question the defendant about the decision to testify or not, in part to ensure that the defendant knows it is his decision, regardless of what his lawyers have told him.
When it came time for Subramanian to question Combs after prosecutors rested, the judge asked him how he’s doing.
“I’m doing great, your honour,” the Bad Boy Entertainment founder answered, before volunteering a compliment to the judge before another question could be posed.
“I want to tell you thank you, you’re doing an excellent job,” Combs said.
Combs said he “thoroughly” discussed the matter with his lawyers before deciding not to testify.
“That is my decision, your honour,” Combs said, adding: “That is solely my decision.”
Prodded by the judge, he clarified further: “I mean, it’s my decision with my lawyers. … My decision to make. I’m making it.”
Closing arguments were tentatively scheduled for Thursday.
—With files from The Associated Press
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