Sean 'Diddy' Combs trial updates: Defense closes; deliberations set for Monday

Federal prosecutors are no longer including attempted kidnapping and attempted arson as underlying crimes in the alleged racketeering conspiracy charge against Sean Combs.

Prosecutors disclosed in a letter to Judge Arun Subramanian that they would “no longer proceed on these theories” when they deliberated closing arguments, which are scheduled to begin Thursday.

Instead, prosecutors signaled that they would push sex trafficking and forced labor as primary predicate acts that the jury could find to convict Combs of racketeering conspiracy.

Defense attorneys have argued that no evidence was presented directly tying Combs to the arson that damaged rapper Kid Cudi’s Porsche. Defense attorneys also argued that the alleged kidnapping of Combs’ former employee, Capricorn Clark, by Combs to confront Kid Cudi was far removed from the heart of the case.

Federal prosecutors did not elaborate on their decision in their letter.

Attorneys are scheduled to meet at noon today to discuss the judge’s instructions to the jury.

Court has concluded for the day.

Attorneys will return to court at noon on Wednesday for a charge conference with Judge Arun Subramanian to discuss the language of the judge’s instructions to the jury.

The jury will return to court at 9 a.m. Thursday to hear closing arguments from each side, beginning with the government, then the defense, and then a government rebuttal. The closings will likely last into Friday.

The judge will read his charge to the jury once summations are finished, after which deliberations will begin. It's not yet known whether that will occur on Friday as well.

Prosecutor Maurene Comey asked the judge to instruct the defense to avoid politics, current events or the “propriety of this prosecution” during summations. Defense attorney Marc Agnifilo told the judge there was nothing to worry about in that regard.

The defense in the Sean Combs trial rested its case after calling no witnesses, electing only to read some items into the record.

Defense attorney Anna Estevao read several exchanges of text messages between Sean Combs and his ex-girlfriend Cassie Ventura that the defense asserts expressed Ventura’s love for Combs, even after years of what federal prosecutors argued was coerced sex with male escorts.

“Bottom line, I love you. You are important to me, and I know I will never have a love like this in this lifetime,” Ventura wrote in a 2012 message that was read into evidence. “Besides making love, talking to you is my favorite thing.”

In another message, Ventura told Combs, “I miss you.” Combs responded, “So what you going to do.” Ventura replied, “Be your lil freak.”

Defense attorney Teny Geragos read notes from law enforcement meetings with several witnesses, including Daniel Phillip, an escort.

Phillip testified that after a sexual encounter at Ventura’s home, Combs threw a bottle toward her and “grabbed her by her hair and dragged her by her hair into the bedroom” after she did not immediately get up from a computer to go into the bedroom as Combs had instructed. Phillip said Combs emerged from the bedroom a while later to ask him, “are you guys ready to continue?”

Geragos also read law enforcement notes from a meeting with Phillip that the defense contends indicate Combs said something else. “In approximately 2013, Phillip saw Ventura get physically assaulted. Combs eventually came back out and said ‘Yo man I’m going to have to deal with this. You need to get the f--- out,’” Geragos read.

Federal prosecutors declined to put on a rebuttal case.

Judge Arun Subramanian sent the jury home until Thursday with instructions to avoid any news about the case.

Sean Combs told Judge Arun Subramanian that he declined to testify on his own behalf.

“That is my decision with my lawyers,” Combs said.

The jury wasn't present when the judge spoke directly to Combs.

“How are you feeling today?” Subramanian asked Combs, who stood to answer.

“I’m doing great. How are you, your honor?" Combs responded. "I want to tell you thank you. You’re doing an excellent job.”

Subramanian responded, “Thank you.” He then continued with the allocution.

“Do you understand that as a criminal defendant you have the right to testify if you wish to testify?” the judge asked.

“Yes, your honor,” Combs responded.

“You’ve made the decision freely on your own behalf?” Subramanian asked.

“That is totally my decision,” Combs answered.

Beforehand, defense attorney Alexandra Shapiro took aim at several of the underlying criminal acts that federal prosecutors allege constituted the racketeering conspiracy charge that Combs faces.

Combs engaged in and attempted to engage in sex trafficking, forced labor, kidnapping, arson, bribery, narcotics offenses, enticement to engage in prostitution, and obstruction, according to the indictment.

For bribery, prosecutors relied on the testimony of Eddy Garcia, a security guard at the InterContinental Hotel in Los Angeles who testified that Combs paid him $100,000 cash for the closed-circuit surveillance system footage of Combs allegedly assaulting his then-girlfriend, Cassie Ventura, in a hallway of the hotel, fearing “if this got out it could ruin him,” according to Garcia's testimony.

The defense argued that the payment didn't constitute bribery.

“There’s no evidence that Mr. Combs had any intent to bribe any witness to withhold information from the police,” Shapiro said.

Shapiro also said that the firebombing damage to rapper Kid Cudi’s car, as seen in multiple photographs, could not be linked directly to Combs.

“There’s no evidence that Mr. Combs was involved in that arson,” Shapiro said, referring to one of the five potential predicate acts prosecutors allege amounts to racketeering.

Consistent with the defense’s opening statement, Shapiro urged the judge to find insufficient evidence to support the sex trafficking counts, emphasizing times when Ventura and Combs’ ex-girlfriend, who testified under the pseudonym “Jane,” said they enjoyed the sex that had with male escorts and did not feel coerced to engage in it.

“Domestic violence is not sex trafficking,” Shapiro said.