Sean ‘Diddy’ Combs Trial Doubtlessly Stalled As Feds’ Witness Lacking

EXCLUSIVE: Hours earlier than opening statements in Sean “Diddy” Combs’s sex-trafficking trial are set to start out earlier than a yet-to-be-seated jury, the protection is poised to reap the benefits of a self-wound of kinds by the prosecution.

As of Sunday evening, the U.S. Lawyer’s workplace for the Southern District of New York have but to re-established contact with a key witness towards the Dangerous Boy Information founder, I hear.

Only some weeks in the past, Sufferer-3, as she known as within the indictment towards Combs, had pledged to testify within the prison trial that can seemingly see the plea deal rejecting Grammy profitable defendant in jail for the remainder of his life if discovered responsible. Shielded from having to offer her actual identify, Sufferer-3, in keeping with courtroom filings, would have detailed for the courtroom and the jury simply how Diddy “sexually exploited” her,

Now embarrassingly nowhere to be discovered, the non-NYC primarily based Sufferer-3 could present Combs’ Marc Agnifilo, Teny Geragos and Brian Metal-led authorized workforce with the instruments to convey the case to a stand-still, at the very least for now. Anticipated earlier than Decide Arun Subramanian at round 8:30 a.m. ET to solidify the jury and listen to an replace on Sufferer-3 from the feds, the protection are planning to ask for mistrial or search a delay within the begin of the trial, sources inform me.

Hopes of a mistrial being declared is a little bit of a Hail Mary, let’s be trustworthy. The will for a postponement, however, has some sturdy authorized legs.

Contacted by Deadline earlier Sunday concerning the standing of Sufferer-3 and the potential outcomes if she doesn’t testify, the SDNY declined to remark, in keeping with a spokesperson. Legislation enforcement sources say that they imagine Sufferer-3 has gone darkish out of fears for her security, however wouldn’t give any specifics. The protection didn’t reply to request for touch upon the probability that Sufferer-3 won’t be taking part within the trial and what that might imply.

Predicted to final eight weeks, the prison trial of the much-accused Diddy follows his arrest final September on fees of racketeering, intercourse trafficking, transportation to interact in prostitution and extra. Outdoors the not too long ago spruced up decrease Manhattan federal courthouse round a dozen folks had been already in line on Sunday night forward of Monday’s trial begin.

Throughout the road, some TV crew gear was already in place, as had been designated spots for shops just like the AP, the BBC, native channels and cabler newsers.

One of many massive points of interest is Combs’ former long-term girlfriend Cassie Ventura a.okay.a. Sufferer-1, who is anticipated to testify below her personal identify as early as Monday if the trial goes ahead.

Now closely pregnant along with her and husband Alex Positive’s third little one, Ventura was paid off within the tens of thousands and thousands in late 2023 to rapidly drop her personal assault and abuse civil go well with towards Combs.

The ‘Me & U’ singer was thrust again into the highlight in spring 2024 when CNN obtained and broadcast a seemingly damning and now protection disputed 2016 resort safety footage of a half-naked Combs beating Ventura within the corridor and dragging her again to their room. The protection alleges the footage, which their consumer had beforehand apologized for the violence he’s proven committing, was doctored and doesn’t inform the entire story.

If Sufferer-3 is a no-show for the feds, because it appears she’s going to certainly be, the thrust of the protection’s argument in each its mistrial and delay requests Monday morning will likely be that the principles of the sport have modified with one of many 4 important witnesses alleging rape and different sordid intercourse crimes by Combs out of the image. One of many sensible penalties of that change is that the protection will likely be required to reorientate its technique for its ‘All In regards to the Benjamins’ consumer — and that doesn’t occur in a single day.

Whether or not or not the time acutely aware Decide Subramanian goes for will probably be decided early tomorrow on the Daniel Patrick Moynihan Courthouse.

But, until Sufferer-3 exhibits up or a definitive date for her testimony is established, the protection has a win of kinds of their pocket both manner. If the decide agrees to a mistrial or a postponement, the win is apparent. There will likely be a trial beginning this week if Decide Subramanian says that Sufferer-1/Ventura and two different witnesses will likely be testifying together with the newly launched Sufferer-5, and that ought to suffice.  Even when that’s the end result, then circumstance could have planted the seeds for a close to sure quick enchantment if the jury’s verdict doesn’t go in Combs’ favor.

Even earlier than the trial correct has begun, the water is murky across the Combs prosecution and protection in different features too

Partaking within the authorized equal of trench warfare for his or her high-profile consumer ever since his arrest by the NYPD and feds, the protection stated on Might 9 that they might concede that 55-year-old Combs dedicated “home violence” in his 2007 – 2018 relationship with Ventura. Tempering that, Combs’ workforce exclaimed so did Ventura, citing “there was mutual violence.” At that Might 9 listening to, certainly one of Combs’ legal professionals Alexandra Shapiro stated to nods from her consumer on the protection desk: “The dynamic between these two people is on the very coronary heart of this case.”

Incarcerated in Brooklyn’s Metropolitan Detention Heart since final fall, Combs will even admit in his years with Ventura and since he had an unconventional intercourse life and “swinger” life-style. With that, and having entered a not responsible plea 3 times now, Combs and his workforce have repeatedly additionally insisted the so-called “freak offs” had been consensual, and nowhere close to the drug and boozed fueled brutalities the feds have portrayed them to be.

To that, on this case of failed $50M bail makes an attempt, claims of the feds having a racial bias, and early 2024 raids on the one-time mogul’s LA and Miami houses, the disaster of the lacking witness has been festering for practically every week.

Talked about nearly as an apart throughout jury choice final week, the topic of the abruptly unreachable Sufferer-3, got here up on Might 9 in what was alleged to be close to formality of a listening to. At the moment, on Friday Assistant U.S. Lawyer Maurene Comey (Sure, a daughter of ex-FBI director James Comey, who Donald Trump fired in 2017) promised there would have a sure or no by EOD that very same day if Sufferer-3 was going to indicate up or not. There isn’t any indication on the courtroom docket or in any other case, says a well-positioned supply, that such an EOD info both manner was ever given to the courtroom.

This isn’t going to garner the prosecution any factors with Decide Subramanian

The decide, who practiced business and chapter regulation earlier than then-President Joe Biden nominated him to the bench, runs his courtroom with an upbeat effectivity that feels imported from the white collar office: He’s usually very a lot within the mode of the mission chief conserving his workforce on process and on schedule, utilizing encouragement and a good temperament to steer the case by months of pretrial maneuvering and potential roadblocks in the direction of Monday’s scheduled opening arguments and doubtless testimony.

However on Friday there was concern and perhaps a contact of irritation within the decide’s voice as he contemplated the lacking prosecution witness Sufferer-3, a last-minute enchantment from one jury finalist to be excused from the case, and the potential of different potential jurors attempting to again out of their service over the weekend. After a number of days of whittling a jury pool of 150 right down to 43, with a purpose of attending to the 18 who will hear the case (12 jurors and 6 alternates), Decide Subramanian stated on Friday that he was in search of “some certainty that you simply’re not going to need to re-do jury choice” — a state of affairs that seemed like a worst case situation coming from this keenly organized decide. 

Now, it may be the least of his issues come Monday morning.