Sean 'Diddy' Combs trial: Prosecution and defense rest; Combs says he won't testify

The defense entered into evidence a series of text messages that they argue could show how Combs and his girlfriends were in loving, consensual relationships.

Some of the electronic messages appeared sweet and tender, while others were graphic and explicit, describing sexual acts. In a 2017 message, Cassie Ventura told Combs, "you are my best friend" and said there is no one she loves more than him.

The prosecution stipulated to the authenticity of these messages.

Assistant U.S. Attorney Christy Slavik urged Judge Subramanian to reject the defense's request for Combs to be declared not guilty from the bench.

"The government believes the record at trial is favorable to the government and more than establishes the case can be presented to the jury," she said.

The judge said he'd reserve any decisions as the jury returned to the courtroom.

Judge Arun Subramanian asked Combs how he was feeling.

Combs responded: "I am doing great, thank you, your honor," adding, "You are doing an excellent job."

When asked, "Is it your decision not to testify?" Combs responded: "We have discussed it thoroughly, that is my decision, that is totally my decision, my decision, I am making it.” 

Prosecutor Christy Slavik said the government believes the record at trial is favorable to the government's case and can be presented to the jury. She asked the court to decline the defense’s Rule 29 motion. 

In asking for the Rule 29 motion, defense attorney Alexandra Shapiro argued there’s insufficient evidence of kidnapping and racketeering in regards to Capricorn Clark’s claim she was forced to take a lie detector test for days at a building in Manhattan after some of Combs’ jewelry went missing. Shapiro said that the claim doesn’t satisfy requirements under New York law and there’s no evidence Combs knew that happened, and Clark did it to prove her innocence.

Cassie Ventura testified that she was held at the London Hotel for several days after she was injured, but the government failed to prove she was detained through reasonable fear, Shapiro argued. 

Also in regards to Ventura, Shapiro said domestic violence is not sex trafficking, and there’s insufficient evidence to show Combs used coercion to force her to commit sex acts. The defense argued Ventura participated in hotel nights to make Combs happy. 

Defense attorney Alexandra Shapiro continued to attempt to dismantle the prosecution’s claims that Combs participated in racketeering acts. 

She said that trial failed to show evidence Combs tried to bribe anyone surrounding the March 2016 hotel attack between himself and Cassie Ventura. She said there was no police involvement, Ventura didn’t want police involved, and no charges were pressed. 

Eddy Garcia, who worked as a security supervisor at the Los Angeles hotel where Combs was filmed attacking Ventura, testified he received $100,000 for himself and two other employees for keeping the video under wraps. Shapiro noted he signed an NDA that permitted him to report to law enforcement. 

Shapiro argued that Combs didn’t threaten “Mia” or his other staffers. “Mia” testified that one of Combs’ security guards D-Roc offered to send her something which she interpreted as money after Ventura’s lawsuit was filed.

After the prosecution rested, the defense moved for a Rule 29 motion for judgment of acquittal on counts one through five. 

Defense attorney Alexandra Shapiro argued that the prosecution failed to prove at least three elements of the RICO racketeering charge — failed to show he violated RICO, that he agreed to participate, and insufficient evidence of a conspiracy. She argued there wasn’t an enterprise; in this case, it was simply Combs engaging in sex acts in his personal time with his girlfriends. 

She said the prosecution has argued that bodyguards and high-ranking employees were involved in facilitating his freak-offs and hotel nights, but the prosecution “failed to prove any individual actually conspired with him.”

“They did errands and made travel arrangements, but they did not have anything to do with what went on with Combs and his girlfriends in the hotel room other than they used baby oil, Astroglide and drank alcohol and maybe did drugs,” Shapiro said.  

She argued that Combs took steps to conceal the true nature of those hotel nights from his staff. Shapiro said text message evidence showed Combs sought to conceal the escorts from his employees, noting in one piece of evidence, “he says I can’t let KK know about the FO.”

Shapiro said when Combs’ chief of staff, Kristina Khorram, and security guards learned of his violence against Cassie Ventura, they tried to help her. Shapiro argued there’s no evidence Khorram thought Combs’ girlfriends were being coerced.

Judge Subramanian sent jurors out for lunch and asked them to return to court by 2 p.m. EST.

The prosecution rested its case against Combs at 1:30 p.m., wrapping up six weeks of testimony.

The jury heard from 34 witnesses, most prominently Combs’ ex-girlfriend, singer Cassie Ventura.

She accused Combs of physical abuse, control, and of having her participate in drug-fueled sexual encounters with male escorts. The pregnant Ventura testified for four grueling days that she didn’t want to engage in “freak offs” but “just didn’t feel like I had much of a choice.”

Rapper Scott Mescudi, known professionally as Kid Cudi, testified about his relationship with Ventura and the abusive nature of her relationship with Combs. 

Other key witnesses included a former personal assistant to Combs, who went by the pseudonym “Mia,” and “Jane,” another former girlfriend of Combs.

"Mia" accused Combs of sexually assaulting her on multiple occasions and said she witnessed Combs lashing out violently against Ventura. Mia also described cleaning up after the couple’s “hotel nights.”

Jane testified to participating in "hotel nights," sleeping with escorts to please Combs. His constant need for sex for entertainment left her "sore, tired, exhausted, and overwhelmed," Jane said.

The defense ended its cross-examination of HSI Special Agent Cerciello, turning the witness over for re-direct by the government.

Cerciello was a conduit for both sides to get several videos and text messages into evidence.

A video of a "freak off" was to be played in court, but shortly after, defense attorney Teny Geragos said the deputy played the wrong video that was in evidence. The correct video was then played.

The panel was shown video footage of "Jane" and a sex worker, Paul, in a "freak off" session from July 31-Aug. 1, 2024.

Initially, it appeared that three jurors had defective headsets. But it was quickly diagnosed that they had just failed to turn them on properly.

They watched two clips for about six minutes of freak off footage.

Combs was initially following along and wearing headphones before the screens at the attorney table were turned off.

The defense wants to show any act that suggests Jane had free will and could have left Combs at any moment.

"Jane" and Combs spoke about getting an NDA in August 2023 for a male escort for a night in Las Vegas.

Jane texted Combs asking if one of his guys could print a nondisclosure agreement. 

"He doesn’t know anyone we know so i’ll have him sign the paper," Jane said.

At times, her life was a delicate balance between her passion for Combs and her responsibilities as a single mom.

In a series of Aug. 13, 2023, texts to Combs, "Jane" graphically discussed sex in the same breath as her back-to-school shopping list for her son.

Jane called that her "mommy mode."

Court is back in session after a break with Cerciello still on the stand.

U.S. District Court Judge Arun Subramanian called for a 15-minute break until at least 11:50 a.m. ET.

The defense has been examining years of text messages between Jane and Combs, showing that the former girlfriend had the freedom to travel and set her own activities.

Defense attorney Teny Geragos has been concentrating on a series of text messages showing how, at times, Combs' then-girlfriend "Jane" played an active role in setting up and enjoying their rendezvous with sex workers.

Jane wrote to a sex worker in December 2021, joyously saying a previous night's hookup was "one for the books."

Later that month, Jane told the worker that she was "excited to see" him, while the man said he was "down for that."

Joseph Cerciello, a special agent with Homeland Security Investigations, returns to the stand under cross-examination by defense lawyer Teny Geragos.

Court started with both sides debating evidence. 

The prosecution objected to a message that Combs' ex-girlfriend, Cassie Ventura, sent saying she wanted to have sex with him. The defense argued that the text was the day before a "freak off," an attempt to show that Combs’ ex-girlfriends willingly engaged in freak offs. The prosecution argued that she wanted sex with her boyfriend, not other men. Judge Arun Subramanian sustained the prosecution's objection, saying the message was about a one-on-one encounter.

Subramanian overruled a government objection to including a text Ventura sent saying she wanted baby oil. The judge noted that it’s difficult to tell whether this message was referring to a one-on-one encounter unrelated to a hotel night.

The judge also allowed in a text where Ventura said she had taken adderall and referred to a freak-off night as "pretty hot."

Subramanian also overruled a government objection to a text where Ventura was asked if she could do a freak off without getting high, to which she replied she could.

Court is now in session, marking Day 29 of Combs' trial.

Combs entered court this morning wearing an orange sweater.

He sat down at the defense table and shuffled through papers in a folder. He leaned his head back with what looked like a sigh.

Yesterday, jurors put on headsets to watch what appeared to be explicit videos of "freak offs" featuring Combs' former girlfriend, who has been identified in court as "Jane."

Combs, wearing a white sweater and glasses, looked around the courtroom as the videos played, seemingly avoiding looking at the graphic recordings on the monitor before him. Combs' mother, Janice Combs, appeared to focus her gaze on the jury box.

Yesterday, jurors were shown text messages between Combs’ ex-girlfriend “Jane.” 

In December 2021, “Jane” reached out to sex worker Kabrale and appeared to initiate a freak off, a November 2021 text said she couldn’t wait to hook up with “my favorite person,” aka Combs, and jurors were shown explicit video footage of “Jane” having sex in November 2021. (Previously, NBC has identified Kabrale as Cabral.)

Texts between Combs and a male escort agency were also shown. In one exchange, he argued that he deserved cut rates as a “long-timer” client.

The jury was also shown texts between Combs and his chief of staff, Kristina Khorram, in which she planned his hotel stays and texted that he had Plan B in his nightstand. 

The texts appeared to try to prove he repeatedly facilitated his ex-girlfriend to have sex with escorts, sometimes she appeared to be into it, and other times she lashed out, frustrated, saying she didn't want to anymore.

Combs’ defense team said in court yesterday that it plans to rest its case without calling any witnesses, but will submit some evidence and stipulate several issues.

A charging conference is expected tomorrow and summations are scheduled Thursday. Defense lawyer Teny Geragos said it’s expected that each side will take about four hours to make closing arguments to jurors.

Joseph Cerciello, a special agent with Homeland Security Investigations, will continue testifying today. After Cerciello's testimony, the prosecution will rest its case.

Yesterday, he testified that Combs appears to have paid for a sex worker named Kabrale to stay at the Trump International Hotel & Tower in New York City in September 2023 and take a flight from Atlanta to Newark, New Jersey. The testimony potentially underlines one of the U.S. government’s charges against Combs: transportation to engage in prostitution.