Diddy defense's courtroom strategy is a 'calculated risk': expert

The determination by Sean "Diddy" Combs' lawyers to not telephone immoderate witnesses to attest successful his national proceedings for enactment crimes comes down to the prosecution's load of tenable doubt, according to ineligible experts.

Diddy's lawyer, Marc Agnifilo, indicated Monday successful tribunal that the defence plans to reappraisal grounds with the jury, and won't necessitate witnesses to attest connected the rapper's behalf. The rapper's ineligible squad expects to remainder its lawsuit Wednesday, with closing arguments expected to statesman the pursuing day.

"The determination whether oregon not to telephone witnesses during the defence lawsuit is simply a calculated risk," transgression defence and civilian attorney Adanté Pointer of Lawyers for the People LLC told Fox News Digital.

DIDDY DEFENSE NOT EXPECTED TO CALL ANY WITNESSES IN SEX TRAFFICKING TRIAL

Sean "Diddy" Combs won't attest successful his national proceedings for enactment crimes. (Stephen Lovekin/Getty Images)

"Not calling immoderate witnesses means the defence is fundamentally telling the assemblage determination is nary 1 they cognize successful the full beingness who tin talk connected Diddy's behalf to assistance his defense. On the different hand, calling a witnesser tin unfastened that idiosyncratic up to questioning and possibly elicit damaging grounds against Diddy, depending upon their interactions with him and their cognition of these women."

Pointer likened the defense's determination not to telephone immoderate witnesses to a "Pandora's box."

"Given the defence is signaling they bash not mean to telephone a azygous witness, they bash not deliberation immoderate imaginable defense-friendly witnesses volition effect successful a nett summation for Diddy. His lawyers person fundamentally determined the foodstuff is not worthy the squeeze."

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Judge Arun Subramanian volition apt inquire Diddy to corroborate his determination not to instrumentality the stand.

"Diddy testifying would conscionable let the prosecution to retell their lawsuit and enactment the erstwhile items of grounds successful beforehand of the assemblage for a 2nd oregon 3rd time," Pointer explained. "The prosecution would person a tract time going done each and each video, substance and witnesser connection made astatine proceedings against him and unit Diddy to admit the authenticity of the videos, the receipts and invoices, items recovered astatine his homes and edifice rooms, and that helium was contiguous during the events described successful anterior testimony.

Diddy's defence won't telephone immoderate witnesses successful his national trial. (Jane Rosenberg)

"In airy of the grounds already presented astatine trial, this would astir apt beryllium an excoriating and humiliating cross-examination, the benignant prosecutors hold their full vocation to conduct."

Closing arguments for the trial, which began May 5 with assemblage selection, are expected to statesman Thursday aft Diddy's lawyers explained they would lone request 2 days to support their client.

Trial attorney Tre Lovell told Fox News Digital that the defence apt wants to treble down connected tenable doubt, and that Diddy's "exotic lifestyle" does not adjacent what the prosecution has proposed, which is that "Diddy formed a transgression endeavor to pleasance himself, the Tony Soprano of babe oil."

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"The lone crushed to not telephone witnesses successful your defence is if you perfectly judge determination is tenable doubt, and you don’t privation to bash thing to instrumentality distant from this, including calling your ain witnesses," Lovell said. "It would marque consciousness to telephone a psychiatrist to explicate that the behaviour of Cassie and Jane is much reflective of a consensual relationship, based upon the autonomy each pistillate had, the benefits they received and the emotion they had for Diddy.

Duddy's national proceedings began May 5 and the lawsuit is expected to remainder this week. (Jane Rosenberg)

"Further, calling executives astatine Bad Boy Entertainment would beryllium adjuvant to region the corporations from Diddy’s much idiosyncratic behavior, to dispel the transgression endeavor element. Finally, perchance an manufacture oregon ineligible adept to separate the aspects of ‘sex workers’ versus ‘prostitution,’ to antagonistic the prostitution charge."

Lovell added, "However, the defence felt adjacent calling witnesses specified arsenic these would person the imaginable of adversely affecting tenable doubt, and chose not to."

Mark Chutkow, who antecedently led the transgression part of the U.S. Attorney's Office successful Detroit, believed Diddy's determination not to attest was "a astute one."

"It's a existent large gamble to attest successful a lawsuit similar this wherever the prosecution has brought racketeering charges, which allows them to bring this wealthiness of atrocious acts grounds there," Chutkow said. "By taking the stand, helium would conscionable taxable himself to adjacent much atrocious acts that were prohibited by the court. And truthful that was astir apt the close call."

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"Diddy's determination not to attest tin besides beryllium considered savvy, arsenic well, due to the fact that helium tin accidental successful closing, ‘Look, to the jury, the prosecution had six weeks of clip to amusement you, to effort and beryllium their case.’ The defence lawyers are going to accidental this: 'We showed the tenable uncertainty done our cross-examination, and we don't privation to discarded immoderate much of your time. You person capable present to cognize that there's tenable uncertainty successful this case, and that's wherefore we didn't bring a case.' And to punctual the assemblage that the presumption of innocence ever goes to Diddy arsenic the suspect successful this case."

Cassie Ventura testified successful Sean "Diddy" Combs' national proceedings for enactment crimes. (Jane Rosenberg)

Chutkow noted however the load of impervious is connected the government, not connected the Bad Boy Records laminitis oregon his team.

"When you contiguous a case, if you're connected the defence side, you amended beryllium good, due to the fact that if it falls flat, past you benignant of determination backmost the marker, and you mightiness beryllium successful a worse position," the lawyer said. "So sometimes little is more. I cognize that immoderate radical are suggesting that, 'Well, wow, doesn't helium person thing helium could enactment on?' It whitethorn beryllium successful immoderate ways an accidental for the defence to say, 'No, we didn't request to.'"

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With the lawsuit nearing its adjacent much than 7 weeks aft it began, and 9 months aft Diddy was arrested and charged, Chutkow thought some sides did "what they sought to accomplish."

"The prosecution has enactment successful each the evidence. It wasn't excluded. The defense, though, has done a bully occupation successful the cross-examinations," helium said. "They've brought successful a batch of further communications betwixt Diddy and these different women to amusement that the narration is simply a batch much complex. 

"One of the things I deliberation the prosecution is going to person to bash astatine the closing statement is to fundamentally say, 'Look, this is not similar a trafficking lawsuit that you would spot connected television. It's not, you don't person a concern of idiosyncratic being kidnapped and chained connected a basement radiator. It's, successful essence, it's a aureate cage. It is 1 with luxury and glamor, but it's inactive a cage.'" 

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Chutkow added, "The different country that I deliberation that they would privation to stress is the blackmail successful this case. That the usage of the tapes and menace of vulnerability of those tapes to get the women to comply with what Diddy wanted to bash is an constituent of coercion successful and of itself. And if I was connected the prosecution side, I would look to that arsenic compelling evidence."

Combs was charged with racketeering conspiracy (RICO); enactment trafficking by force, fraud oregon coercion; and proscription to prosecute successful prostitution successful a national indictment unsealed Sept. 17. He faces 15 years to beingness successful situation if convicted. Diddy has maintained his innocence throughout.