Sean ‘Diddy’ Combs Had ‘Everything to Lose and Nothing to Gain’ by Testifying in His Trial

Though Sean “Diddy” Combs wanted to testify in his trial, the defense will not call him as a witness. According to many attorneys, this is the right move. If the defense put Combs on the stand, they risked damaging cross-examination by the prosecution. One legal expert said Combs only stood to lose by getting on the stand.

Sean ‘Diddy’ Combs would have made a huge mistake by testifying in his trial, said attorney

On Monday, Combs’ attorney, Marc Agnifilo, signaled that Combs would not testify in his trial. Agnifilo had previously stated that Combs absolutely wanted to take the stand. New York Law School professor Anna Cominsky said putting Combs on the stand was too big a gamble for the defense.

“Diddy has everything to lose and nothing to gain by testifying,” she told The Independent. “Currently he has the presumption of innocence, and the burden of proof which lies squarely with the prosecution. Before testifying, his attorneys can continue to rely on those legal principles and push the jury hard on whether or not the government has met its burden.”

She said that Combs’ testimony could determine the outcome of the trial. 

“The truth of the matter is, if he testifies and they do not believe him, there will almost certainly be a guilty verdict,” she said.

Allowing Combs to take the stand would also allow the prosecution to question him about the now-infamous video footage of him attacking Cassie Ventura in a hotel.

“I do not know any defense attorney who would want to have their client cross-examined with a video like the video from the hotel in this case, let alone all of the other alleged criminal activity, in particular the allegations of abuse,” Cominsky said. “With respect to his pending civil cases, generally speaking, anything he says can, and absolutely will, be used against him.”

The defense will not call any witnesses in Sean ‘Diddy’ Combs’ trial

The prosecution called 34 witnesses as they presented their case against Combs. By contrast, the defense will 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 added that “less is more” is often best for the defense, as the prosecution bears the burden of truth.

He could face a sentence of life in prison

Prosecutors charged Combs with one count of racketeering conspiracy, two counts of sex trafficking by force, fraud, or coercion, and two counts of transportation to engage in prostitution. He pleaded not guilty to all charges.

If Combs is found guilty, he could face a sentence of life in prison. If convicted, he faces a minimum of 15 years in prison.

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