Today is D day for Diddy.
Jury selection begins this morning in one of the toughest jurisdictions in the nation – the Southern District of New York – for the federal sex trafficking and racketeering trial of hip hop mogul Sean “Diddy” Combs.
The 55-year-old Bad Boy Records founder faces up to life in prison on racketeering and sex trafficking charges, with prosecutors alleging he forced his ex-lovers into so-called “Freak-Offs,” and ran his company as a criminal enterprise.
Combs has pleaded not guilty to the charges and turned down a plea deal from prosecutors about 10 days ago, the details of which have not been made public.
Sources told The Post Diddy may have turned it down because he and his high-powered legal team feel confident they can beat the rap.
The feds contend in their indictment against him that Combs “abused, threatened, and coerced women and others around him to fulfill his sexual desires, protect his reputation, and conceal his conduct.”
Combs’ team, however, maintain that he is just a “swinger” and his sexual escapades were merely the consensual adventures of a high-flying tycoon.
“There’s a lifestyle, call it swingers or whatever you will, that he thought was appropriate because it was common,” Combs’ defense lawyer Marc Agnifilo told the court on April 25.
But veteran defense attorney Arthur Aidala who’s representing another embattled mogul, Harvey Weinstein, in his current retrial, said Combs’ defense “faces an uphill battle” at the Daniel Patrick Moynihan courthouse where his case will be heard.
Referring to a now-infamous video which surfaced last year of ‘Diddy’ violently assaulting his ex Cassie Ventura in a hotel hallway, Aidala told The Post: “There’s already a lot of negative publicity out there and that one (Cassie Ventura) video doesn’t look pretty, so you know this case is going off with like at least one strike against [Diddy] if not a strike and a half out of three,” Aidala told The Post.
Combs, for his part, has been languishing in a Brooklyn lockup for the past seven months. He was arrested by Homeland Security agents at a New York City hotel in Sept. 2024.
Federal agents raided the rap producer’s homes in Los Angeles and Miami in May 2024 as part of the sex trafficking probe into him. They found 1,000 bottles of baby oil and lube that were allegedly to be used during “Freak Off” sex sessions, according to the indictment.
Here are the five most pressing questions ahead of the trial’s start:
What are the actual charges Diddy is facing and who are his alleged victims?
Diddy is charged with racketeering conspiracy, two charges of sex trafficking and two charges of transportation to engage in prostitution. The federal indictment includes accusations that guns found in Diddy’s house had defaced serial numbers, that kidnapping and arson were used to intimidate his victims, and that he also tried to bribe people and obstructed justice.
Who’s going to testify at the trial?
Combs’ ex-girlfriend, Cassie Ventura, is expected to testify be one of the star witnesses against him, along with three other alleged victims who will use pseudonyms when they take the stand.
Judge Arun Subramanian ruled April 25 that jurors will also be allowed to watch disturbing video of Combs kicking and dragging Ventura in the hallway of an InterContinental Hotel in Century City, Los Angeles, on March 5, 2016.
Combs’ camp had claimed the video should be kept out of the trial, alleging CNN “substantially altered” and then destroyed the original footage before broadcasting it.
But the judge, in one of several rulings handed down during the 90-minute hearing, noted that the feds have two witnesses prepared to testify the video is authentic.
What is the defense strategy likely to be?
With all the negativity surrounding Diddy, the defense will do its best to who the jury that underneath it all, the rap mogul is just a person like them, but perhaps just a little more… freaky.
“The jury is going to want to hear from [Diddy], which will humanize him,” said Joel Denaro, a Miami-based lawyer who’s clients have included rapper Pras Michael from the Fugees and real estate brothers Oren and Alon Alexander.
“He wants to show that he is not the head of a RICO [crime] organization but instead is Diddy, the superstar rapper.”
On the other side of it, said Denaro, the point should be made that, “obviously, he is sexually extroverted, but he is not a sex trafficker. He’s a music mogul with a private plane and when you get famous, it is very attractive to people. They want to be around you. But that is not a crime.”
As far as Diddy not accepting the prosecution’s offer that could keep him from landing a potential life sentence, Denaro said, “I think his lawyer must realize that Diddy has a very strong case. That would be why they turned down the plea offer.”
How do the feds describe a “freak off”?
According to the indictment against Diddy, freak offs “were elaborate and produced sex performances that Combs arranged, directed, masturbated during, and often electronically recorded.”
The indictment goes on to maintain the sex extravaganzas required advance planning and multiple organizers. It also explains how the case became federal by crossing state lines.
“In arranging these freak offs, Combs, with the assistance of members and associates of the Combs Enterprise, transported, and caused to be transported, commercial sex workers across state lines and internationally,” it claims.
As per the indictment, the freak offs were allegedly marathon sessions that “occurred regularly, sometimes lasted multiple days, and often involved multiple commercial sex workers.”
The court document also alleges that drugs and video cameras amped up the proceedings. “During freak offs, Combs distributed a variety of controlled substances to victims, in part to keep the victims obedient and compliant,” stated the indictment.
“Sometimes unbeknownst to the victims, Combs kept videos he filmed of victims engaging in sex acts with commercial sex workers.”
After freak offs, Combs and the victims “typically received IV fluids to recover from the physical exertion and drug use,” per the indictment.
What’s not going to be included in the trial?
Since February of 2024, 63 lawsuits have been filed against Combs — alleging sexual assault, battery, sex trafficking, drugging and gang rape, among other charges. Combs has denied all the accusations against him.
None of them were included in the federal indictment against him.
The one civil case Combs settled was with Ventura, with it being brought to a close one day after it was filed on Nov. 17, 2023. However, that lawsuit and the allegations it contained is seen as opening the floodgates to all the other complaints against Diddy.
A lot of the incidents described are also liable to be referenced or come up during the federal trial, according to legal sources.
The most recent lawsuit, filed April 1 by a John Doe (there are 41 lawsuits by anonymous Jane or John Does), alleges Combs coerced the male plaintiff into performing oral sex while he was working on a commercial shoot.
Most of the cases — filed by 26 men and 37 women, ranging from people he allegedly met at Fashion Week events and music videos to aspiring musicians and a contestant on the reality show “I Want to Work for Diddy” — are ongoing, ensuring that even if he triumphs at his trial, his legal nightmares are far from over.
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