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Prosecutors called four witnesses to the stand today in an effort to paint a wider portrait of Diddy’s alleged abusive behavior and his complex relationship with his ex-girlfriend Cassie, who spent four grueling days answering questions last week. The key moments from today’s testimony:
David James, Diddy’s former personal assistant, returned to the stand and testified that he quit his job after he saw the rapper arm himself with three handguns to possibly confront rival hip-hop mogul Suge Knight at a Los Angeles dinner in 2008. James said that he was “shook up” by the episode and that he began to feel his life was in danger.
Regina Ventura, the mother of Diddy’s ex-girlfriend, said she felt “physically sick” after her daughter told her he had threatened to release explicit videos because Cassie was dating rapper Kid Cudi. Diddy wanted $20,000 in exchange, Cassie’s mom testified. She also told jurors she took photos of bruises on her daughter.
Sharay Hayes, a male stripper nicknamed “The Punisher,” testified about being hired for as many as 12 choreographed “freak offs” with Diddy and Cassie. Hayes, facing cross-examination from defense lawyer Xavier Donaldson, agreed that Cassie did not appear to be in any “discomfort” during the marathon sexual encounters.
Gerard Gannon, a federal agent who planned the search at Diddy’s Miami home last year, walked jurors through photos of evidence seized at the property, including AR-15 rifles, baby oil, lubricant and sex toys. The serial numbers on the guns were scratched out, making it harder for people to trace them, Gannon said.
The view from inside
By Adam Reiss and Chloe Melas
Diddy, wearing a blue sweater over a white shirt, sat back in his seat and occasionally passed notes to his attorneys as witness after witness took the stand today to describe his alleged pattern of abuse and propensity for violence. In one notable moment, Diddy started laughing as James recounted taking ecstasy.
Regina Ventura came across as subdued in her relatively brief time on the stand, answering questions matter-of-factly without any obvious displays of emotion. Diddy’s defense team passed on the chance to cross-examine her, and shortly after she left the courthouse with her husband, Rodrick Ventura.
In other news: The day’s testimony brought a moment of levity to a courtroom that has lately been defined by graphic testimony and tense legal arguments. Marc Agnifilo, one of Diddy’s attorneys, told James he had a few “mundane questions” during cross-examination. “I like mundane questions,” James replied, drawing laughter from the gallery.
Analysis: Why escorts are key to the government’s case
By Danny Cevallos
Hayes, the exotic dancer, told jurors that he never saw any violence during his sexual experiences with Ventura and Diddy. As far as drugs, he said he saw only marijuana — and he testified that he never saw Ventura intoxicated by illicit substances.
Escorts are the key to the government’s Mann Act prosecution (Counts 3 and 5), although the testimony above has little to do with the elements the prosecution must prove.
The Mann Act makes it illegal to knowingly transport “any individual in interstate or foreign commerce ... with intent that such individual engage in ... any sexual activity for which any person can be charged with a criminal offense.” All the government needs to prove intent is establish that a dominant purpose — not the only purpose — of the travel was to engage the individual in prostitution.
In other words, all the government really needs for a Mann Act conviction is an escort to testify (1) “I’m a sex worker”; (2) “Combs had me come in from another state”; and (3) “He paid me for sex.” That’s it.
The prosecution doesn’t need drugs, baby oil or even violence for a Mann Act conviction. In fact, none of the charged crimes have baby oil as an element at all — it’s just that the government is very, very good at finding evidence that jurors can’t possibly forget. It has introduced a lot of that kind of evidence so far.
What’s next
Tomorrow: Gannon is expected to return to the stand for more testimony about the search at Diddy’s property in Miami. Also expected this week: Scott Mescudi, better known as Kid Cudi.
PSA: Every night during Diddy’s trial, NBC’s “Dateline” will drop special episodes of the “True Crime Weekly” podcast to get you up to speed. “Dateline” correspondent Andrea Canning chats with NBC News’ Chloe Melas and special guests — right in front of the courthouse. Listen here.
