Sean ‘Diddy’ Combs testifying at his own trial could be a big mistake, expert says

Sean “Diddy” Combs reportedly wants to take a stand during his trial on sex trafficking and racketeering charges. That could be a huge mistake, a legal expert warns.

Sean “Diddy” Combs’ attorney doesn’t think he can keep his client off the witness stand

Sean Diddy Combs wears sunglasses and holds a microphone
Diddy | Shareif Ziyadat/Getty Images

On September 16, Combs was arrested and charged in a three-count indictment with sex trafficking, racketeering conspiracy and transportation to engage in prostitution.

Federal prosecutors say that beginning at least in 2008, the rapper “directed a criminal enterprise that existed to facilitate his abuse and exploitation of women, protect his reputation, and conceal his conduct.”

Combs’ alleged criminal activities included forcing women to participate in “Freak Offs,” where they “engaged in frequent, day-long sexual activities with male commercial sex workers.” He used violence and intimidation to control the victims, including physical attacks and threats to make recordings of the Freak Offs public, according to the indictment by the U.S. Attorney’s Office for the Southern District of New York.

Diddy is currently behind bars in a Brooklyn jail. He has pleaded not guilty. No trial date has yet been set, but if the music mogul gets his day in court, he plans to testify, his lawyer said.

“I don’t know if I can keep him out of the stands,” Marc Agnifilo said in the TMZ documentary Diddy’s downfall. “I think he really wants to tell his story. And I think he will tell every part of his story, including what you see in the videos.”

“He has his story. And he has a story that only he can tell the way he can tell it,” Agnifilo added.

Diddy faces great risks if he decides to testify

Photo of Sean Diddy Combs next to an image of the Metropolitan Detention Center in Brooklyn
(L-R) Sean ‘Diddy’ Kammen; Metropolitan Detention Center in Brookyn | Prince Williams/WireImage; Theodore Parisienne/New York Daily News/Tribune News Service via Getty Images

Diddy may want to share his side of the story in court. But deciding to testify is a big risk, especially since he faces 15 years to life in prison, attorney Francisco Mundaca told Showbiz Cheat Sheet in an email.

“It’s concerning as a lawyer that Diddy says he wants to take the stand,” said Mundaca, a criminal defense attorney and managing partner of the Spiggle Law Firm in Washington, DC. 99.9% of the time the defense will urge them not to do that. In Diddy’s case, if he takes the stand, there are just too many instances where he could say the wrong thing and implicate himself.”

Meanwhile, federal prosecutors are strengthening their case against the hip-hop icon.

“Prosecutors in New York State, where the case is being tried, are among the best, and law enforcement is tough,” said Mundaca, who has worked as a prosecutor in New York. “No one knows what the prosecutor is doing behind the scenes in this case, or how many people they are speaking to through ‘immunity’ to get more information, but we can expect much more to come out about this case in the coming weeks. This is likely keeping many people in Hollywood, including music executives and producers, and other celebrities, on edge.”

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