Diddy's Decision to Stay Silent Makes Legal Sense, 'Less Is More in a Case Like This,' Expert Says

Diddy’s Team Pushes to Suppress Raid Evidence, Cites ‘False Statements’
Diddy performs onstage during the 2023 MTV Video Music Awards at Prudential Center on September 12, 2023 in Newark, New Jersey. Noam Galai/Getty Images for MTV/Getty Images

Sean "Diddy" Combs won't testify in his federal sex trafficking trial, and his legal team isn't calling a single witness, a strategy one former prosecutor says could work in his favor.

Former federal prosecutor Mark D. Chutkow says it is likely the smart move, saying, "Oftentimes, 'less is more' when you're defending a client in a criminal trial."

"It would be a big gamble for Diddy to take the stand," Chutkow told People, explaining that doing so could open the door to even more damaging cross-examination. Given that the prosecution charged the case as a racketeering conspiracy, encompassing a broad range of alleged misconduct, Chutkow believes the defense is trying to avoid pouring more fuel on the fire. "So, it makes sense for Diddy not to testify," he said.

Combs, who has pleaded not guilty to sex trafficking crimes, racketeering, and transporting people to engage in prostitution, is being hit with a mountain of graphic claims and witness testimony. His lawyers have indicated they will rest their case without calling any defense witnesses after the prosecutors formally conclude.

Strategic Silence in the Courtroom

Opting not to call witnesses may offer the defense a clearer path in closing arguments, Chutkow noted.

"It allows 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 stressed that by keeping things minimal, the defense can refocus the jury on the principle that Combs is presumed innocent until proven guilty. "The government always has the burden of proving his guilt, which it hasn't done," he said.

Former prosecutor Neama Rahmani echoed that view last month, telling PEOPLE that testifying could expose Combs to risks far beyond this case, specifically the 60+ civil cases still pending. His words in court would become fair game elsewhere.

Even reading evidence into the record, like prior electronic communications between Combs and accusers, carries less legal risk than putting a witness on the stand, Chutkow added. "Such stipulated evidence can't be cross-examined and it minimizes the chance that the prosecution will put on a rebuttal case."

A Chilling Courtroom Showdown

The legal maneuvering has played out against a deeply emotional and highly publicized backdrop. Combs' ex-girlfriend, Cassandra "Cassie" Ventura, has delivered harrowing testimony detailing alleged years of sexual abuse, drug-fueled "freak-offs," and violent outbursts, including an incident caught on hotel security footage from 2016.

Ventura never once looked at Combs during her nearly 96 hours on the stand. Reporters inside the courtroom noted that Combs stared at her throughout, expressionless, even as she wiped away tears. According to The Sun's Israel Salas-Rodriguez, spectators turned away in distress during parts of her account.

Combs' family, including his three sons and mother, have attended portions of the trial. His twin daughters were notably absent after the opening day. The courtroom itself has become a media circus, attracting influencers, podcasters, and press from around the world.

Jurors could begin deliberations by Friday, June 27, following expected closing arguments on Thursday. The outcome may hinge not on what Combs or his legal team say but on what they strategically leave unsaid.

Tags
Diddy, Diddy Trial, Sean Combs
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