Prosecutors are streamlining their case and have moved to drop some of the charges against Sean “Diddy” Combs a day before closing arguments are set to commence. Combs, 55, is charged with sex trafficking, racketeering and transportation to engage in prostitution. Those charges were not affected by the prosecution’s letter, but the jury will now have fewer predicates to consider during deliberations. Combs has pleaded not guilty to the charges.
In a letter to Judge Arun Subramanian filed on the morning of Wednesday, June 25, prosecutors said that they will not instruct the jury to consider attempted kidnapping, attempted arson and aiding and abetting sex trafficking prior to deliberations: “The Government understands the Court’s desire for streamlined instructions. 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.”
In addition to dropping parts of their argument of the first count—one count of racketeering conspiracy—the letter sought to clarify Combs’ two counts of transportation to engage in prostitution. The letter notes that it is “imperative” the jury understands that “earlier consent is not determinative” of whether a victim was sex trafficked, adding that the same is true of forced labor, which is part of Combs’ sex trafficking counts. Additionally, the letter requests that “the Court instruct the jury that sex trafficking/labor and payment to the victim for that conduct are not mutually exclusive.”
Prosecutors called 34 witnesses over 29 days of testimony, while Combs’ team rested their defense after only 20 minutes on June 24, having called no witnesses and only introducing a series of text messages into evidence. Combs —who has been in federal custody since his September arrest—also waived his right to testify. In a rare statement addressing the court, he said: “We have discussed it thoroughly, that is my decision. That is totally my decision, I am making it.” He also expressed gratitude for how Judge Subramanian has handled the case thus far: “I’m doing great, your honor, wanted to tell you thank you, you’re doing an excellent job.”
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