PROSECUTORS in Sean "Diddy" Combs' federal case have made a bombshell change to their argument a day before closing statements are set to begin.
In a stunning move by the government, federal prosecutors have removed instructions for jurors related to certain evidence and testimony tied to the racketeering and sex trafficking charges Combs is facing.
Prosecutors said they are no longer going to argue theories of attempted kidnapping, attempted arson, and aiding and abetting sex trafficking, according to a letter filed to Judge Arun Subramanian on Wednesday.
The move by the prosecution will bar the jury from considering the theories that Combs set fire to the car of Scott Mescudi, the rapper known as Kid Cudi, or that the defendant kidnapped anyone.
The accusations relate to the racketeering and sex trafficking charges, two of the three federal crimes Combs is facing.
The third charge of transportation to engage in prostitution against Combs is unaffected.
In their eight-page filing, prosecutors argued their move to remove the accusations was part of their desire to "streamline" the jury's instructions of the racketeering and sex trafficking charges against Combs.
The prosecution alleged Combs, protected and aided by his staff and security team, conspired to commit and cover up crimes such as sex trafficking, prostitution, bribery, illicit drug use, physical abuse, and – until Wednesday – kidnapping and arson.
During the trial, Capricorn Clark, Combs' former assistant, told jurors that she was taken to an abandoned building in New York City by one of the music mogul's security guards and forced to take a lie detector test to determine whether or not she stole Combs' missing jewelry.
PORSCHE BOMBING
Clark also told the court about an armed Combs forced her out of her home in the middle of the night and took her to Mescudi's home after he learned about his relationship with his ex-girlfriend at the time, Cassandra "Cassie" Ventura.
Mescudi testified that Combs, 55, broke into his home in a jealous rage after learning about his relationship with Ventura, 38,
The Day 'n' Night rapper, 41, testified that he called Combs, cursed him out and asked if he was at his home, which Mescudi told jurors that Combs replied, "I'm over here waiting for you."
"I wanted to confront him. I wanted to fight him," Mescudi said on the stand.
Mescudi also told the court that he suspects Combs was involved in the firebombing of his Porsche outside his home in January 2012.
The rapper and Los Angeles Fire Department arson investigator Lance Jimenez testified that the damage to the Porsche was caused by a Molotov cocktail that had been thrown into the vehicle after its roof had been sliced open.
'INSUFFICIENT PROOF'
After both sides rested their cases on Tuesday, defense attorney Alexandra Shapiro argued that prosecutors had failed to prove the elements of the racketeering charge.
Shapiro told the judge that prosecutors presented no proof that Combs' team of assistants and bodyguards believes his girlfriends were being trafficked.
"There is insufficient proof to establish this 20-year long conspiracy," Shapiro argued.
"Mr. Combs did not conspire with any other person. They say, an inner circle of bodyguards, but they failed to show it. There's only thin proof they engaged in crimes."
Shapiro argued that at most Combs' inner circle conspired to obtain drugs for the music executive.
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