Sean ‘Diddy’ Combs: Why Isn’t the Defense Calling Any Witnesses?

Sean ‘Diddy’ Combs’ defense team initially planned to call on several witnesses, but they have signaled that this is no longer the plan. After the prosecution rests its case, the defense had a chance to call witnesses of their own. A legal expert shared why it’s likely in the defense’s best interest to not present witnesses.

Sean ‘Diddy’ Combs’ defense team won’t call any witnesses

Over the course of 28 days of court proceedings, the prosecution called 34 witnesses. They included Combs’ former employees and romantic partners, Homeland Security agents, and security officers. The defense plans to call no witnesses. Former federal prosecutor Mark D. Chutkow shared the possible rationale behind this decision.

“[Their] decision not to call any witnesses will also allow his defense team to argue to the jury during closing that there was no need to take up any more of the jury’s time, because the defense already showed enough reasonable doubt during their cross-examination of the government’s witnesses,” Chutkow told People. “It also allows the defense to remind the jury that Diddy has a presumption of innocence and the government always has the burden of proving his guilt, which it hasn’t done.”

He noted that the prosecution cross-examining witnesses could put the defense in a worse position. By calling no one, the defense doesn’t allow the prosecution to rebut their case.

“If Diddy were to put on a defense case and it fell flat, he might put himself in a worse position,” Chutkow said. “Oftentimes, ‘less is more’ when you’re defending a client in a criminal trial. And it’s safer for the defense to read stipulated evidence into the record, such as prior electronic communications between Diddy and the alleged victims. Such stipulated evidence can’t be cross-examined and it minimizes the chance that the prosecution will put on a rebuttal case.”

Sean ‘Diddy’ Combs initially wanted to testify in his own defense

At the start of the trial, Combs planned to testify in his own defense. His attorney, Marc Agnifilo, said Combs was eager to share his side of things.

“I don’t know that I can keep him off the stand,” Marc Agnifilo said in the TMZ documentary The Downfall of Diddy. “I think he is very eager to tell his story. And I think he will tell every part of his story, including what you see on the videos.” 

Chutkow said this was likely too big a risk for the defense to take. Allowing the prosecution to cross-examine Combs could prove disastrous to their case.

“It would be a big gamble for Diddy to take the stand,” Chutkow said. “Even though the prosecution has introduced a mountain of evidence of bad acts by charging this case as a racketeering conspiracy, the prosecution would be able to pile on even more evidence of bad acts during cross-examination. So, it makes sense for Diddy not to testify.”

Combs’ trial could end soon

On Tuesday, June 24, the prosecution rested its case against Combs after over a month. The defense says they also plan to end their testimony on Tuesday. Closing arguments will likely take place on Thursday, followed by jury deliberations. 

A decision from the jury could come in the coming days. If convicted, Combs faces life in prison.