Prosecutors are firing back at efforts by Sean “Diddy” Combs to bar an infamous 2016 surveillance video from his upcoming sex trafficking trial, calling it a “desperate” attempt to avoid “crushing” evidence.
With his trial looming next month, Diddy’s attorneys argued last week that the clip — showing him assaulting his former girlfriend Cassie Ventura in the hallway of a Los Angeles hotel — has been deceptively edited and would “unfairly confuse and mislead the jury.”
But in a response filing Friday, prosecutors say those arguments are “overblown” and are merely a pretext to prevent jurors from seeing “some of the most damning evidence of his sex trafficking.”
“The defendant has been overwhelmingly concerned with the existence of the video surveillance since the assault occurred and has taken great measures to ensure it was not released,” prosecutors write. “Now facing trial, the defendant attempts to keep this devastating proof from the jury. His grasping arguments to preclude this crushing evidence should be quickly dismissed.”
Combs was indicted in September, charged with running a sprawling criminal operation that aimed to “fulfill his sexual desires.” The case centers on elaborate “freak off” parties in which Combs and others would allegedly ply victims with drugs and then coerce them into having sex, as well as on alleged acts of violence to keep victims silent.
Jury selection is currently set to start on May 5, with opening statements scheduled for May 12. If convicted on all of the charges, which include sex trafficking and racketeering, Combs faces a potential life prison sentence.
The Cassie video, which aired on CNN in May, showed him attacking her at the Intercontinental Hotel in March 2016. The clip drew far more public attention to the accusations against the star — who was then only facing civil lawsuits — and prompted an apology from Combs shortly after it aired.
“My behavior on that video is inexcusable,” Combs said at the time. “I take full responsibility for my actions in that video. I was disgusted then when I did it. I’m disgusted now. I went and I sought out professional help. I got into going to therapy, going to rehab. I had to ask God for his mercy and grace. I’m so sorry.”
In the lead up to the trial, Combs’ lawyers have repeatedly targeted the Cassie tape, accusing prosecutors of unfairly leaking it and alleging that CNN had unfairly edited it. Last week, they formally moved to ban it from the trial, calling it “inaccurate” and “unreliable” because of edits that were “specifically designed to inflame the passions” of viewers.
But in Friday’s response, the feds said those issues were quibbles that could easily be fixed at trial, not valid reasons to withhold the tape from jurors entirely. They pointed out that Combs himself had apologized over the clip and had not disputed its content; and they said that any problems with finding the original footage were caused by Diddy’s own efforts to destroy it.
“It is by the defendant’s own hand that the original version of this damning footage no longer exists: it was deleted and given to the defendant as part of a cover-up orchestrated by the defendant and his co-conspirators,” prosecutors write. “The Court must not reward the defendant for his actions by precluding the video that remains available despite the defendant’s obstructive efforts.”
