Prosecutors in the Diddy case want to exclude expert testimony from a doctor who is set to argue that the mogul’s capacity to have intention or knowledge of wrongdoing [mens rea in legal parlance] is “diminished.” Dr. Elie Aoun would, per the feds, bring up a “mental condition bearing on the issue of guilt” if he were permitted to take the stand, as requested by Diddy’s legal team.
The government’s request on Sunday (April 27) to Judge Arun Subramanian to bar Dr. Aoun’s testimony is in line with what both sides of the case have been pushing for in the days leading up to the trial’s May kickoff, with potential input from various experts being a prime source of contention.
In heavily redacted court documents viewed by Complex, the feds highlight a few reasons they say Dr. Aoun should not be heard, including an argument that to include such testimony would mark a violation of the Insanity Defense Reform Act of 1984. Furthermore, per prosecutors, the testimony would be “irrelevant, prejudicial, and impermissible.” As such, the government says the court should not allow jurors to hear from the expert, identified in docs as an assistant professor of clinical psychiatry at Columbia University.
Further noted in the docs is that the doctor in question, who is also a forensic psychiatrist, did not personally examine Diddy. Among the redacted elements of the filing are the opinions the expert is expected to give in their potential testimony.
The government goes on to criticize this effort from Diddy’s legal team as relying on potential testimony details that are “generalized,” “confusing,” and “not helpful” to jurors. In fact, the feds go so far as to argue that its inclusion could “mislead the jury.” Cited throughout is Rule 12.2, a part of which says that “evidence of the effects of drugs and alcohol on a defendant’s memory or cognitive function” must be noticed. However, prosecutors are arguing that Dr. Aoun’s proposed testimony does not comply with that rule.
Complex has reached out to Diddy’s legal team for comment. This story may be updated.
Meanwhile, another recent filing finds the government aiming to have proposed testimony from “a purported forensic video expert” barred from the trial. In that filing, it’s noted that Diddy’s legal team wants this expert to speak about the 2016 Cassie hotel footage. Previously, Diddy’s legal team filed a motion, that was denied, to have the video itself excluded from the trial.
As previously reported, jury selection in the Diddy trial is set to begin on May 5, followed by opening arguments on May 12. Diddy has denied the allegations against him, including sex trafficking and racketeering.
