Federal prosecutors have pushed back against Sean “Diddy” Combs’ request for witnesses to be banned from speaking to their lawyers during breaks in cross-examination, stating this action would “risk intimidating victim-witnesses.”
Preventing a witness from speaking to their lawyer would also “risk creating a chilling effect on the willingness of other victims to testify at trials if they can be prohibited from seeking the support of their attorneys while being cross-examined by attorneys for their abusers,” said U.S. Attorney Jay Clayton of the prosecutorial team, who submitted the letter with several other assistant U.S. attorneys.
They have also pushed back against Combs’ request for a witness currently testifying under the pseudonym “Mia” to testify under her own name.
In another letter to Judge Arun Subramanian, Clayton said this request from Combs — who is in court on charges of racketeering, conspiracy, and sex trafficking — would risk creating “psychological, emotional, and professional harms” for the witness.
Elizabeth Williams/AP Photo
Why It Matters
Federal prosecutors say there is no precedent for witnesses not being allowed to talk to their lawyers between cross-examinations, and that the sensitive nature of this case creates even more need for the witnesses to turn to their lawyers for legal and emotional support.
They also said that preventing witnesses from accessing their lawyers could violate the Crime Victims’ Rights Act, which, per Clayton, “places limits on the Courts’ ability to sequester victims.”
According to prosecutors, the former music mogul has a history of coercion and threatening actions and now he is attempting to engage in “intimidating” behavior in the courthouse.
What To Know
The 55-year-old hip-hop mogul was arrested in New York City in September 2024. His initial charges came months after a video was released by CNN of him physically attacking his then-girlfriend, Cassandra Ventura, known as “Cassie,” in a Los Angeles hotel.
Combs’ defense team says the video shows a “glimpse into a complex but decade-long consensual relationship.”
He was then charged with numerous federal crimes. His indictment for racketeering reads: “The defendant engaged in a persistent and pervasive pattern of abuse toward women and other individuals. The abuse was, at times, verbal, emotional, physical, and sexual.”
Combs denies all charges.
Cassie spoke about her relationship with the defendant in court on May 13. She said Combs would “mash me in my head” and “beat me too frequently.”
Per Cassie’s testimony, “There were violent arguments that would usually result in some sort of physical abuse…Dragging, different things of that nature.”
She spoke directly to the CNN video taken from the hotel security camera. She said that incident was from her deciding in the moment to leave Combs in his hotel room. She told the jury he followed her to the hallway and “grabbed me, shoved me to the ground, kicked me, and dragged me back to the room and took my stuff.”
Elizabeth Williams/Associated Press
Cassie, who testified while eight-and-a-half-months pregnant, also touched on the “freak-offs,” which are likely going to play a large part in the rest of the trial.
These were allegedly sex parties held by Combs. According to Cassie, these could last several days, and often the room ended up being stained with blood and urine. She did not want to engage in these parties, but told the court she was too afraid to refuse.
Cassie is the central witness in the trial, but the prosecution has asked the presiding judge to deny Combs’ attempts to change how several other people are set to testify against him.
When defending the right for “Mia” to give testimony under a pseudonym, the prosecution said this is in order to protect her reputation and her privacy.
The prosecution told Judge Subramanian that “Mia” has never come forward about her alleged abuse publicly or privately, and forcing her to testify under her real name could result in “harassment and reprisals,” something the court has already determined to be a legitimate fear.
Her name would only remain private in public materials, since the trial is not being televised, meaning the defense knows who she is and is permitted to use her real name outside of the courthouse when conducting their own investigations.
According to prosecutors, forcing her to testify under her real name would make no material difference to the defense, as they already know her real name. It would only serve to create reputational and potentially physical risks for “Mia” as her real name would be available to the public and the press.
Combs’ defense team so far appears to be preparing to make the case that Combs has abused drugs and engaged in domestic violence, but is not a criminal mastermind with a racketeering or sex trafficking enterprise.
In his opening statement to the court, defense attorney Teny Geragos told jurors that Combs is a “flawed individual,” but did not commit the federal crimes he is accused of.
What People Are Saying
US Attorney Jay Clayton: “Indeed, there is good reason in this case to allow witnesses the ability to speak with their own attorneys, given that much of the witness testimony in this case will cover extremely sensitive subjects, will include witness’ descriptions of their own involvement in potentially illegal activity, and…will touch upon potentially privileged areas.”
Defense attorney Teny Geragos told jurors: “We will not shy away from the things he did, but we will not own the things he did not do. He is physical, he is a drug user, you may know of his love of baby oil. Is that a federal crime? No.”
What Happens Next
The trial at the Daniel Patrick Moynihan U.S. Courthouse in lower Manhattan, New York City, is expected to last for at least eight weeks. Combs’ innocence or guilt will be determined by the 12-person jury. If convicted, he could face a life sentence in prison.
If you or someone you know has been a victim of sexual violence, you can contact the National Sexual Assault Hotline at 800-656-4673, or contact the Rape, Abuse & Incest National Network (RAINN) helpline via their website rainn.org.
