Will Diddy Be Convicted? Here’s What Legal Analysts Say

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Legal analysts told Forbes the prosecutors made a strong case to convict Sean “Diddy” Combs in his federal criminal trial on sex trafficking and racketeering charges as they rest their case Tuesday—but there’s plenty of room for a jury to decide either way.

The prosecution will rest its case in Sean “Diddy” Combs’ federal criminal trial Tuesday. (Photo by … More Shareif Ziyadat/Getty Images for Sean “Diddy” Combs)

Getty Images for Sean “Diddy” Combs

Key Facts

Combs is on trial for sex trafficking and racketeering charges, with prosecutors accusing him of running a criminal enterprise that committed various crimes, including coercing several women, including ex-girlfriend Cassie Ventura, into participating in elaborate sex performances.

If convicted, Combs could serve the rest of his life in prison: The sex trafficking and racketeering charges carry maximum sentences of life in prison, while the transportation to engage in prostitution charges carry maximum sentences of 10 years in prison.

Prosecutors are expected to finish closing arguments Tuesday, and jury deliberations are expected to begin later this week, more than a month after the trial began.

Mark Zauderer, a veteran trial and appellate lawyer, said he thinks Combs is more likely to be convicted than acquitted, but believes the jury’s decision will depend on whether or not prosecutors successfully convinced jurors Combs ran a “criminal enterprise,” which would satisfy the racketeering charge.

Zauderer said prosecutors did an “excellent” job presenting the government’s case, but said jurors will have to believe that Combs coerced these women into sex, instead of the defense’s opposing argument that they were willing participants.

Central to that defense was the use of text messages from Ventura to Combs introduced in the trial that suggested she was a willing participant in his infamous “freak-offs.”

Former federal prosecutor Mark Chutkow said the prosecution made a “very compelling case” Combs allegedly abused the women who testified, in part by emphasizing the surveillance footage of Combs attacking Ventura in a Los Angeles hotel, which was played numerous times for the jury.

Chutkow, though, said the jury may be convinced the video proves Combs committed domestic violence, but does not prove either the sex trafficking or racketeering charges he faces.

What Happens If There Is A Hung Jury?

It’s possible Combs’ trial could end in a mistrial, Chutkow told Forbes. Combs’ lawyers have requested a mistrial on multiple occasions, all of which were denied, but if the trial ends in a hung jury, meaning not all jurors agree on a verdict, a mistrial could be declared. In the event of a mistrial, the case could head to a retrial, Chutkow said, which could be advantageous for Combs because defense lawyers could look for potential inconsistencies in witness testimony between the first and second trials.

What’s Left In The Diddy Trial?

Prosecutors indicated they would finish questioning their final witness, Homeland Security Investigations agent Joseph Cerciello, on Tuesday, after which defense lawyers will present their case. Combs’ defense lawyers told the judge they do not plan to call any witnesses—a stark contrast to the 34 witnesses called by the prosecution—and instead will present evidence to the jury. The defense’s presentation is expected to wrap up by Thursday, after which closing arguments will begin before the jury deliberates.

Why Didn’t Diddy Testify In His Defense?

Combs will not take the witness stand in his own defense, as defense lawyers said they do not plan to call witnesses. Had Combs planned to testify, the defense’s presentation likely would have been longer than two days. Calling Combs to the stand would be “extraordinarily risky,” Chutkow told Forbes, stating it would open him up to a “searing” cross-examination that could “dig him into a deeper hole” than he is already in. Rachel Maimin, a partner at Lowenstein Sandler, said the impact of Combs’ possible testimony would depend on how he presents himself, stating if he came across as arrogant, it could backfire. “If he presents in a way that is sincere,” Combs’ testimony could have been “extremely powerful,” Maimin said.

Could President Trump Pardon Diddy?

Trump, who has a history of pardoning celebrities, including rappers Lil Wayne and NBA YoungBoy, both of whom faced weapons charges, told a reporter who asked last month whether he would pardon Combs he would “look at the facts.” Trump said he hasn’t spoken to Combs, whom he once called a friend, since he entered politics, and that he has not closely followed his trial. Rolling Stone reported in May that members of Combs’ team had reached out to Trump allies to pursue a possible pardon, though sources told Rolling Stone that Trump officials have hesitated because of the severity of Combs’ charges.

A Complete Rundown Of The Charges Faced By Combs

Combs faces five federal charges: two counts of sex trafficking, two counts of transportation to engage in prostitution and one count of racketeering conspiracy. He has pleaded not guilty to all charges. His trial began last month and has included testimony from several high-profile witnesses, including Cassie Ventura, his ex-girlfriend and the government’s star witness. Ventura testified she was coerced to perform in “freak-off” sex performances with male escorts throughout her decade-long relationship to Combs, and she alleged he repeatedly physically abused her, even raping her on one occasion in 2018. Other alleged sex trafficking victims central to the government’s case testified under the pseudonyms “Jane” and “Mia.” The testimony from these alleged victims is considered by legal experts foundational for both the sex trafficking and racketeering charges. Ventura testified that some of Combs’ employees assisted in producing the “freak-off” sessions he coerced her to participate in, which experts said can prove that Combs ran a criminal enterprise, proving the racketeering charge. Some former Combs employees later testified they were in charge of stocking hotel rooms with baby oil and other items to prepare for freak-offs, and that they later cleaned up the rooms. CNN legal analyst Areva Martin previously said the government needs to show “force, fraud or coercion was used to compel participation in commercial sex” to prove the sex trafficking charge, which Ventura’s testimony may have accomplished, as she testified the sex performances were not consensual. Rapper Kid Cudi also took the stand, alleging Combs broke into his house after finding out he was dating Ventura, and that his car exploded in his driveway shortly after. Legal analysts considered Kid Cudi’s testimony and the allegation that Combs broke into his home to be important for proving the racketeering charge. Maimin previously told NBC News the prosecution could show racketeering by demonstrating Combs enlisted his employees to commit crimes against Cudi, which his former assistant Capricorn Clark later corroborated in her own testimony. Clark testified Combs showed up at her house late one night and kidnapped her at gunpoint, stating he wanted her to help him “kill” Kid Cudi. Separately, Combs faces dozens of civil lawsuits accusing him of sexual assault and sex trafficking, meaning his legal issues won’t be done once his trial is over.