Today, federal prosecutors walked jurors through another batch of text messages and other records in an attempt to illustrate Diddy’s relentless demand for drug-fueled “freak offs” — and the steps he allegedly took to orchestrate them. The prosecution team is expected to rest its case sometime tomorrow.
The defense team, for its part, doesn’t plan to call any witnesses to the stand, according to Diddy’s lead attorney, Marc Agnifilo. Diddy’s lawyers plan to present some evidence, though. NBC News legal analyst Danny Cevallos has more on that decision below.
But first, here’s what you need to know about Day 28 of the trial:
- Joseph Cerciello, a special agent with Homeland Security Investigations, testified that Diddy appears to have paid for a sex worker named Cabral to stay at the Trump International Hotel & Tower in New York City in September 2023 and take an Atlanta-to-Newark flight. The testimony potentially underlines one of the U.S. government’s charges against Diddy: transportation to engage in prostitution.
- The prosecution team showed jurors September 2023 text messages in which Diddy’s ex-girlfriend “Jane” lashed out at him, saying she refused to meet him in New York City. It’s “clear you just want me there for a hotel binge,” Jane wrote in part. “I don’t want to be used and locked in a room to fulfill your fantasies,” she added. The government’s indictment alleges that Diddy coerced women to “fulfill his sexual desires.”
- In a separate text exchange around the time Cassie Ventura filed her November 2023 lawsuit against Diddy, Jane told the hip-hop mogul that she didn’t want to have sex with strangers on his command anymore. She told him she was “not a porn star,” according to the text messages entered into evidence. She added that she was “mentally and physically drained” by the marathon sexual encounters.
🔎 The view from inside
By Adam Reiss, Chloe Melas, Katherine Koretski and Jing Feng
This morning, jurors put on headsets to watch what appeared to be explicit videos of “freak offs” featuring Jane. Diddy, wearing a white sweater and glasses, looked around the courtroom as the videos played, seemingly avoiding looking at the graphic recordings on the monitor in front of him. Diddy’s mother, Janice Combs, appeared to focus her gaze on the jury box.
👨⚖️ Analysis: Why the defense is skipping witnesses
By Danny Cevallos
It’s no surprise to me that Diddy’s team isn’t calling witnesses. Even though the defense had indicated that it might call witnesses, such as employees or its own experts, it was always more likely that the defense would call no one at all.
That’s not to say the defense engaged in any deception. Not at all. Rather, the government has the burden to prove its case, and the defense has no burden. For that reason, the defense commonly waits until it sees how the prosecution’s case goes before making a final decision on whom — if anyone — it is going to call. And because the government has the burden, it’s safer for the defense to call witnesses only if it absolutely has to get something from that witness.
But there’s another strategic advantage. If the defense doesn’t commit to who it is going to call, that means the government must prepare cross-examination for everyone on the witness list.
But there’s one witness the government knew the defense was never going to call: Diddy himself. Sure, he had a constitutional right to testify, but he never was going to. There are just no right answers for things like the video of him beating Ventura. He’s a better witness by just remaining silent.
🗓 What’s next
Assistant U.S. Attorney Maurene Comey told the court that Cerciello will continue testifying into Tuesday. If that plan holds, the government won’t rest its case until midday tomorrow. We could get closing arguments as early as Thursday.
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.
