Sean ‘Diddy’ Combs scored a huge courtroom victory after prosecutors decided to drop key parts of the charges against him.
In a letter to U.S. District Judge Arun Subramanian prosecutors said they will no longer pursue theories presented during the blockbuster trial, including that the music mogul was involved in attempted arson and kidnapping.
The two alleged acts were initially included in the government’s racketeering conspiracy charge against Combs. All charges against him still remain.
The charge still alleges that the 55-year-old was involved in transportation for purposes of prostitution, bribery, witness tampering and drug-related offenses.
‘The Government is no longer planning to proceed on these theories of liability, so instructions are no longer necessary,’ prosecutors wrote in the letter.
The decision was made as a way to streamline the jury’s instructions, which are being discussed in court today between lawyers and Judge Subramanian.
The arson allegation stems from rapper Kid Cudi’s testimony, when he claimed Combs broke into his home after discovering his relationship with his long-time girlfriend and main accuser Cassie Ventura.
After the alleged break in, a Porsche, owned by Kid Cudi, real name Scott Mescudi, was set on fire in his driveway. No one was ever charged in this incident.
The kidnapping theory stems from Combs’ former assistant Capricorn Clark’s testimony, where she said she was kidnapped by Combs, who was armed with a gun, and driven to Mescudi’s home while he allegedly entered the residence.
David S. Weinstein, a former federal prosecutor who is now a partner at Jones Walker in Miami, Florida, told DailyMail.com that this decision is a ‘partial victory’ for Diddy.
He said that prosecutors had essentially ‘conceded they do not have enough proof’ for the kidnapping, arson and some of the sex trafficking claims.
That is why they were ‘abandoning them’ right before the jury is set to hear closing arguments, Weinstein said.
He said it was wrong to say that these allegations were being ‘dropped’ as there was no standalone charge for them in the first place.
All of them were included under the racketeering, or RICO, charge.
Weinstein said that in order to prove racketeering, prosecutors had to prove two or more acts that were covered by the statute.
By not asking the jury to consider kidnapping, arson, or some of the sex trafficking charges, prosecutors would be leaning more heavily on other allegations.
The other charges Diddy faces under RICO includes: possession of drugs with intent to supply, other parts of sex trafficking, transportation to engage in prostitution, bribery and tampering with a witness.
Weinstein said: ‘As they closed their case the government reevaluated the evidence they presented to the jury and determined there was not enough evidence to support these specific predicate acts in the RICO conspiracy.
‘In order to avoid having the jury distracted by this lack of proof, they are asking that the jury not consider those acts any more.
‘It’s a partial victory for the defense and the prosecution is conceding they didn’t submit enough proof.
‘It’s an effort by the government to clean things up.’
According to Weinstein, had prosecutors not done this, it would have allowed Diddy’s lawyers to ‘poke holes’ in their case.
He said: ‘If those allegations are still in there that allows the defense during closing arguments to turn and point at the prosecution and say here’s the list they have to prove two or more from for RICO.
‘Did you hear anything about this one? You can’t rely on it, there’s no proof beyond a reasonable doubt.
‘They’re overcharging because they thought they had it. Then they can ask why you should rely on any of that witness’s testimony?’
Another fact could have been anxiety among prosecutors about the impending July 4th holiday, which will lead to a three day week next week.
‘Sometimes a holiday helps prosecutors, sometimes not’, Weinstein said.
The three-time Grammy winner denies racketeering, sex trafficking and transportation to engage in prostitution.
The racketeering and sex trafficking charges against Combs, who is currently locked up at Brooklyn’s Metropolitan Detention Center, carry a minimum sentence of 15 years each.
Transportation to engage in prostitution carries a maximum of 10 years behind bars.
The jury was dismissed Tuesday and are due back in court Thursday.
Closing arguments are anticipated to take place both Thursday and Friday from 9am-5pm.
A charging conference, a meeting between the judge and the lawyers – usually held outside the presence of the jury – is taking place Wednesday starting at noon.
During this time, they will discuss and finalize the jury instructions – the rules of law the jury must follow when deciding the case.
Both sides will be able to propose instructions and object to others before the judge makes final decisions on what will be given to the jury.
