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Prosecutors told the judge presiding over Sean \u201cDiddy\u201d Combs\u2019 racketeering and sex trafficking trial they will drop theories they presented alleging Combs was responsible for attempted kidnapping and attempted arson, weeks after rapper Kid Cudi testified his car exploded after Combs learned he was dating Cassie Ventura.<\/p>\n
Prosecutors included the attempted arson and kidnapping theories as part of the racketeering … More conspiracy charge. (Photo by Gareth Cattermole\/Getty Images)<\/p>\n
Getty Images <\/p>\n
Key Facts<\/p>\n
Prosecutors submitted a letter to judge Arun Subramanian on Tuesday, stating they would drop the theories to comply with the court\u2019s directive to \u201cstreamline\u201d their instructions to the jury.<\/p>\n
Prosecutors had previously introduced both the attempted kidnapping and attempted arson theories in an effort to prove their racketeering conspiracy charge against Combs, one of the five federal charges he faces (Combs has pleaded not guilty to all charges).<\/p>\n
Capricorn Clark, a former assistant to Combs, testified Combs kidnapped her at gunpoint in December 2011 and told her: \u201cGet dressed, we\u2019re going to go kill\u201d Kid Cudi, after Combs learned the rapper was dating Ventura during a break in their relationship.<\/p>\n
Kid Cudi<\/a> testified Combs broke into his home in December 2011, at which point he called Combs and said, \u201cMotherf\u2014\u2014, are you in my house?\u201d to which Combs replied, \u201cI am here waiting for you,\u201d though Combs was no longer there when Kid Cudi returned home.<\/p>\n Weeks later, Kid Cudi\u2019s car exploded in his driveway, and the rapper testified he believes Combs \u201chad something to do with\u201d the bombing, but the defense objected to the remark and the judge told jurors to disregard the rapper\u2019s statement.<\/p>\n Ventura, the government\u2019s star witness, testified<\/a> Combs had said he wanted to blow up Kid Cudi\u2019s car after learning about her brief relationship with the rapper.<\/p>\n A police report<\/a> from the time indicates Kid Cudi\u2019s car was set on fire by an \u201cincendiary device\u201d on Jan. 9, 2012, though nobody was charged in relation to the incident, and prosecutors showed jurors pictures of the rapper\u2019s damaged car during his testimony.<\/p>\n Why Are Prosecutors Dropping Their Arson And Kidnapping Theory?<\/p>\n Mark Zauderer, a veteran trial and appellate lawyer, told Forbes the prosecution\u2019s move is not unusual and that attorneys may believe they have \u201cnot likely proven to the jury\u2019s satisfaction\u201d how the attempted arson and kidnapping allegations prove the racketeering charge. To maximize the chance of a conviction on the racketeering conspiracy count, prosecutors will instead focus on allegations which they believe \u201cvery adequately established the elements of the crime,\u201d Zauderer said, adding it is a \u201ctactical judgment by the government, and I do not view it as any concession of lack of strength of evidence on the major counts in the case.\u201d Prosecutors said in their letter they are complying with the \u201cCourt\u2019s desire for brevity\u201d and they would \u201csimplify\u201d the language used in their instructions to jurors relating to the racketeering conspiracy charge. Meghann Cuniff, an independent legal reporter who has covered the Combs trial, said in a post on X<\/a> she believes prosecutors feel the racketeering conspiracy count is the \u201cweakest charge\u201d and questioned whether Combs \u201ccausing someone to commit an act\u201d like arson is sufficient to prove he entered a racketeering agreement. She said<\/a> in response to a commenter it \u201csure seems like\u201d Kid Cudi testified for nothing.<\/p>\n How Else Will Prosecutors Try To Prove The Racketeering Charge?<\/p>\n In a court filing earlier this week, prosecutors outlined various allegations under the racketeering charge in a proposed verdict form that will be used by the jury. The proposal initially included the attempted kidnapping and attempted arson allegations, but also outlines other allegations, including bribery, forced labor, sex trafficking, and transportation for the purpose of prostitution, all of which prosecutors say can prove racketeering conspiracy. In earlier testimony, a Los Angeles hotel employee said Combs bribed him for a video, published by CNN last year, that depicts Combs attacking Ventura in the hotel\u2019s hallway. Multiple former Combs employees also took the stand, including one who testified under the pseudonym \u201cMia<\/a>,\u201d who said Combs made her work for days on end without sleep and sexually assaulted her.<\/p>\n What\u2019s Left In The Diddy Trial?<\/p>\n Both prosecutors and defense attorneys are scheduled to present closing arguments to the jury Thursday. The prosecution rested its case Tuesday after more than a month of testimony, during which prosecutors called 34 witnesses to the stand. The defense declined to call any witnesses, and Combs told the judge he and his lawyers decided he would not testify. The defense rested its case<\/a> Tuesday after about 20 minutes, arguing prosecutors failed to prove their charges and presenting text messages between Combs and Ventura attorneys argued showed Ventura was a consenting participant in their \u201cfreak-off\u201d sexual encounters. After closing arguments, the case will be in the hands of the jury for deliberation. Prosecutor Maurene Comey said in court<\/a> Tuesday she does not believe the jury will begin deliberating until Monday.<\/p>\n Further Reading<\/p>\n