Sean 'Diddy' Combs trial recap: ‘Freak off’ videos shown to the jury as prosecutors inch closer to resting their case
After the government rests, the hip-hop mogul's attorneys say they will take two to five days to present his defense — which means he probably won’t testify.
The trial of Sean “Diddy” Combs continued Tuesday in Manhattan federal court, with DeLeassa Penland, a special agent with the U.S. Attorney’s Office for the Southern District of New York, returning to the witness stand for a second straight day in the high-profile sex trafficking case.
Federal prosecutors say that for decades, Combs abused, threatened and coerced women to participate in drug-fueled marathon sexual encounters called "freak offs" and used his business empire, along with guns, kidnapping and arson, to conceal his crimes. The defense has argued that the encounters were consensual, and Combs has denied any wrongdoing.
Penland’s testimony came a day after Judge Arun Subramanian dismissed a Black juror who had given conflicting accounts about where he lived over defense objections that his removal would reduce the racial diversity of the 12-member panel.
The 55-year-old hip-hop mogul is facing five criminal counts: one count of racketeering conspiracy, two counts of sex trafficking by force, fraud or coercion and two counts of transportation to engage in prostitution. If convicted, he could face life in prison.
The prosecution is expected to rest its case Friday. Defense attorneys said they will take two to five days to present theirs, meaning Combs probably won’t testify — and jury deliberations could begin next week.
Here are some key takeaways culled from various reporters and news organizations in the courtroom, including CNN, NBC News, and the Washington Post.
NYC hotel charged Combs nearly $50,000 for ‘penthouse damage’ as ‘freak off’ records are shown to the jury
Penland continued her testimony about evidence that was collected showing some of the logistics behind the “freak offs,” including texts, flight records and hotel bills.
Records for flight and hotel reservations for an escort named Jules, paid for by Combs, were shown to the jury.
Other records showed various hotels charged Combs’s businesses thousands of dollars for damage to drapes, carpets and linens, and “deep cleaning.”
In one striking record from October 2012, the InterContinental New York Times Square hotel charged Combs $46,786 for “penthouse damage.”
Big picture: Prosecutors want to show that Combs arranged interstate travel for the escorts, which would support the transportation to engage in prostitution charges. They also want to prove that he used his business empire to pay for expenses related to the “freak offs,” such as the exorbitant hotel bills, as part of their racketeering conspiracy case.
Combs frantically called and texted Cassie Ventura following hotel assault
The jury was also shown phone logs and text messages from March 5, 2016, the day Combs was captured on surveillance video brutally beating then-girlfriend Cassie Ventura at the InterContinental Hotel in Los Angeles.
“Call me the cops are here,” Combs texted Ventura after she left the hotel, adding that he was “about to be arrested.” Police were never called to the hotel, but Combs desperately wanted to reach Ventura, who testified that the assault occurred when she tried to leave a “freak off.” Combs called Ventura repeatedly between the texts, but she did not answer.
There was then a flurry of calls and texts between Ventura, Combs, his former chief of staff Kristina Khorram and his former security guard Damion Butler, who goes by D-Roc. Ventura had testified that Combs showed up at her apartment demanding she let him in.
“This is crazy he won’t stop,” Ventura texted Khorram around 2:30 that afternoon. “Please tell him the neighbors are about to call the police.”
In the days that followed, there were also calls between Combs and former InterContinental security guard Eddy Garcia, whom Combs paid $100,000 in exchange for video footage of the assault. Garcia testified earlier in the trial.
Jury sees ‘freak off’ videos for the first time
Before this week, the jury had only seen still images or heard audio of “freak offs,” the marathon, drug-fueled sexual encounters at the center of the prosecution’s case.
The panel was shown video footage of several “freak offs” for the first time on Monday, and again on Tuesday.
The jury, the judge and Penland were shown clips from three videos created in October 2012, October 2014 and December 2014. They wore headphones as they watched the footage, which was blocked from public view.
According to reporters inside the courtroom, most of the jurors showed no visible reaction while viewing the explicit material. One juror put her hand over her eye, and another appeared to wince.
Big picture: Prosecutors say Combs coerced multiple women, including Ventura, to take part in the “freak offs.” At one point during cross-examination, the defense presented text exchanges showing Ventura and Combs planning “freak offs” together, underscoring its argument that she was a willing participant in the encounters.
Prosecutor Maurene Comey said the government will likely rest its case on Friday. The court is closed Thursday for the Juneteenth holiday.
Marc Agnifilo, Combs’s lead attorney, estimated the defense would take two to five days to present its case.
Under that timeline, Judge Arun Subramanian said the jury could begin deliberations as soon as next week.
It also means that Combs probably won’t testify, given that his testimony would likely take much longer than a week.
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