Witness testimony concludes in Sean 'Diddy' Combs' sex trafficking trial, as government rests case

Federal prosecutors rested their racketeering conspiracy and sex trafficking case against Sean "Diddy" Combs Tuesday afternoon in Manhattan.

Assistant U.S. Attorney Emily Johnson told the judge they had presented all the government’s evidence that the Bad Boy Records founder used money and personnel from his global music, liquor and fashion business to coerce two girlfriends to take part in marathon sex binges with paid male prostitutes over 20 years.

Combs pleaded not guilty to five counts of racketeering conspiracy, sex trafficking and transporting male escorts for the purpose of prostitution. His lawyers have argued the women participated willingly, but became jealous and disenchanted when he focused his attention on others.

Prosecutors presented evidence that showed Combs to be violent and temperamental sometimes or would "love bomb" the women to entice them to go along with the sex benders. He also paid their rent and other expenses to win their compliance. 

After the government rested, defense attorney Alexandra Shapiro immediately requested U.S. District Court Judge Arun Subramanian dismiss the charges. The judge reserved his decision on the motion.

"The government has failed to meet its burden," she told the court, offering a lengthy argument that the evidence — 34 witnesses, hours of explicit sex records, audio recordings, hotel and airline receipts and hundreds of text messages, among other items — failed to prove the established elements of a racketeering conspiracy.

She said there could be no conspiracy because Combs often kept aspects of the sex marathons — dubbed "freak-offs" — from his employees. Court testimony showed he asked them to buy candles, book hotel rooms and buy plane tickets for the events.

Combs' lawyers will not call witnesses, but presented some text messages to support their claim the so-called victims were willing participants.

Outside the jury's presence, Subramanian asked Combs how he was doing and told him he has the right to testify on his own behalf, although he has declined.

"I’m doing great, your honor," he said. "I’ve been wanting to tell you thank you, you’re doing an excellent job."

The judge told him no one could draw a negative inference from his decision not to testify and asked if he had discussed the issue with his attorneys.

"That is solely my decision," he said. "I mean, it’s my decision with my lawyers."

The jury is not working on Wednesday as defense lawyers and prosecutors hash out differences on how the judge will instruct the panel on the charges.

Jurors will return Thursday morning for closing arguments — first from prosecutors and then from defense lawyers. Both sides have said their summations will take four hours. Prosecutors can address the jury again after the defense finishes its closing statements.

Lead prosecutor Maurene Comey said  closing arguments will push deliberations into Monday morning.