Legal experts say the defense team for Sean ‘Diddy’ Combs has a massive trick up their sleeve to help the disgraced rapper avoid life in prison.
But they also argue the move could backfire — and may have already sealed the controversial hip-hop mogul’s fate.
Combs’ lawyers have decided not to call any witnesses to testify in his federal trial for sex crimes. The decision now comes down to the prosecution’s burden of reasonable doubt, according to legal experts.
Diddy’s lawyer, Marc Agnifilo, indicated Monday in court that the defense plans to review evidence with the jury, and won’t require witnesses to testify on the rapper’s behalf.
The rapper’s legal team expects to rest its case Wednesday, with closing arguments expected to begin the following day.
“The decision whether or not to call witnesses during the defense case is a calculated risk,” criminal defense and civil attorney Adanté Pointer of Lawyers for the People LLC told Fox News.
“Not calling any witnesses means the defense is essentially telling the jury there is no one they know in the whole universe who can speak on Diddy’s behalf to aid his defense. On the other hand, calling a witness can open that person up to questioning and perhaps elicit damaging testimony against Diddy, depending upon their interactions with him and their knowledge of these women.”
Pointer compared the defense’s decision not to call any witnesses to a “Pandora’s box.”
“Given the defense is signaling they do not intend to call a single witness, they do not think any potential defense-friendly witnesses will result in a net gain for Diddy. His lawyers have essentially determined the juice is not worth the squeeze.”
Ahead of closing arguments, Judge Arun Subramanian will likely confirm with Combs his decision not to take the stand.
“Diddy testifying would just allow the prosecution to retell their case and put the previous items of evidence in front of the jury for a second or third time,” Pointer explained.
“The prosecution would have a field day going through each and every video, text and witness statement made at trial against him and force Diddy to admit the authenticity of the videos, the receipts and invoices, items recovered at his homes and hotel rooms, and that he was present during the events described in prior testimony.
“In light of the evidence already presented at trial, this would most likely be an excoriating and humiliating cross-examination, the kind prosecutors wait their whole career to conduct.”
Closing arguments for the trial are expected to begin Thursday after Diddy’s lawyers explained they would only need two days to defend their client.
Combs is charged with racketeering conspiracy (RICO); sex trafficking by force, fraud or coercion; and transportation to engage in prostitution in a federal indictment unsealed Sept. 17.
He faces 15 years to life in prison if convicted. Diddy has maintained his innocence throughout.