Feds’ Sean “Diddy” Combs Case In Danger As Key Witness Remains AWOL On Eve Of NYC Trial Start

EXCLUSIVE: Hours ahead of opening statements in Sean “Diddy” Combs’s sex-trafficking trial are set to start out ahead of a yet-to-be-seated jury, the protection is poised to benefit from a self-wound of varieties by means of the prosecution.

As of Sunday evening, the U.S. Attorney’s workplace for the Southern District of New York have not begun to re-established touch with a key witness in opposition to the Bad Boy Records founder, I listen.

Only a couple of weeks in the past, Victim-3, as she is known as within the indictment in opposition to Combs, had pledged to testify within the felony trial that may most probably see the plea deal rejecting Grammy successful defendant in jail for the remainder of his existence if discovered in charge. Shielded from having to offer her actual identify, Victim-3, in step with court docket filings, would have detailed for the court docket and the jury simply how Diddy “sexually exploited” her,

Now embarrassingly nowhere to be discovered, the non-NYC primarily based Victim-3 would possibly supply Combs’ Marc Agnifilo, Teny Geragos and Brian Steel-led felony workforce with the equipment to convey the case to a stand-still, no less than for now. Expected ahead of Judge Arun Subramanian at round 8:30 a.m. ET to solidify the jury and listen to an replace on Victim-3 from the feds, the protection are making plans to invite for mistrial or search a prolong within the get started of the trial, assets inform me.

Hopes of a mistrial being declared is a little of a Hail Mary, let’s be truthful. The need for a postponement, then again, has some sturdy felony legs.

Contacted by means of Deadline previous Sunday concerning the standing of Victim-3 and the conceivable results if she doesn’t testify, the SDNY declined to remark, in step with a spokesperson. Law enforcement assets say that they consider Victim-3 has long gone darkish out of fears for her protection, however would now not give any specifics. The protection didn’t reply to request for remark at the chance that Victim-3 might not be collaborating within the trial and what that would imply.

Predicted to final 8 weeks, the felony trial of the much-accused Diddy follows his arrest final September on fees of racketeering, intercourse trafficking, transportation to interact in prostitution and extra. Outside the not too long ago spruced up decrease Manhattan federal courthouse round a dozen folks had been already in line on Sunday night time forward of Monday’s trial get started.

Across the road, some TV group apparatus was once already in position, as had been designated spots for shops just like the AP, the BBC, native channels and cabler newsers.

One of the large sights is Combs’ former long-term female friend Cassie Ventura a.okay.a. Victim-1, who is predicted to testify below her personal identify as early as Monday if the trial is going ahead.

Now closely pregnant together with her and husband Alex Fine’s 3rd kid, Ventura was once paid off within the tens of tens of millions in past due 2023 to briefly drop her personal attack and abuse civil swimsuit in opposition to Combs.

The ‘Me & U’ singer was once chase away into the highlight in spring 2024 when CNN received and broadcast a reputedly damning and now protection disputed 2016 lodge safety pictures of a half-naked Combs beating Ventura within the corridor and dragging her again to their room. The protection alleges the pictures, which their consumer had prior to now apologized for the violence he’s proven committing, was once doctored and doesn’t inform the entire tale.

If Victim-3 is a no-show for the feds, as it kind of feels she is going to certainly be, the thrust of the protection’s argument in each its mistrial and prolong requests Monday morning shall be that the foundations of the sport have modified with one of the most 4 primary witnesses alleging rape and different sordid intercourse crimes by means of Combs out of the image. One of the sensible penalties of that adjust is that the protection shall be required to reorientate its technique for its ‘All About the Benjamins’ consumer — and that doesn’t occur in a single day.

Whether or now not the time mindful Judge Subramanian is going for it’s going to be decided early the following day on the Daniel Patrick Moynihan Courthouse.

Yet, except Victim-3 displays up or a definitive date for her testimony is established, the protection has a win of varieties of their pocket both approach. If the pass judgement on has the same opinion to a mistrial or a postponement, the win is plain. There shall be an ordeal beginning this week if Judge Subramanian says that Victim-1/Ventura and two different witnesses shall be attesting at the side of the newly presented Victim-5, and that are meant to suffice.  Even if that’s the end result, then circumstance could have planted the seeds for a close to sure rapid enchantment if the jury’s verdict doesn’t move in Combs’ want.

Even ahead of the trial correct has begun, the water is murky across the Combs prosecution and protection in different sides too

Engaging within the felony similar of trench battle for his or her high-profile consumer ever since his arrest by means of the NYPD and feds, the protection mentioned on May 9 that they’d concede that 55-year-old Combs dedicated “domestic violence” in his 2007 – 2018 dating with Ventura. Tempering that, Combs’ workforce exclaimed so did Ventura, bringing up “there was mutual violence.” At that May 9 listening to, one in all Combs’ attorneys Alexandra Shapiro mentioned to nods from her consumer on the protection desk: “The dynamic between these two individuals is at the very heart of this case.”

Incarcerated in Brooklyn’s Metropolitan Detention Center since final fall, Combs will even admit in his years with Ventura and because he had an unconventional intercourse existence and “swinger” way of life. With that, and having entered a now not in charge plea 3 times now, Combs and his workforce have many times 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 at the one-time magnate’s LA and Miami houses, the disaster of the lacking witness has been festering for almost every week.

Mentioned nearly as an apart throughout jury variety final week, the topic of the unreachable Victim-3, got here up on May 9 in what was once meant to be close to formality of a listening to. At that point, on Friday Assistant U.S. Attorney Maurene Comey (Yes, a daughter of ex-FBI director James Comey, who Donald Trump fired in 2017) promised there would have a sure or no by means of EOD that very same day if Victim-3 was once going to turn up or now not. There isn’t any indication at the court docket docket or differently, says a well-positioned supply, that such an EOD data both approach was once ever given to the court docket.

This isn’t going to garner the prosecution any issues with Judge Subramanian

The pass judgement on, who practiced industrial and chapter legislation ahead of then-President Joe Biden nominated him to the bench, runs his court with an upbeat potency that feels imported from the white collar place of work: He’s incessantly very a lot within the mode of the undertaking chief conserving his workforce on job and on time table, the usage of encouragement and an excellent temperament to persuade the case via months of pretrial maneuvering and doable roadblocks in opposition to Monday’s scheduled opening arguments and most definitely testimony.

But on Friday there was once fear and perhaps a marginally of inflammation within the pass judgement on’s voice as he pondered the lacking prosecution witness Victim-3, a last-minute enchantment from one jury finalist to be excused from the case, and the opportunity of different potential jurors looking to again out in their carrier over the weekend. After a number of days of whittling a jury pool of 150 all the way down to 43, with a function of having to the 18 who will listen the case (12 jurors and 6 alternates), Judge Subramanian mentioned on Friday that he was once in search of “some certainty that you’re not going to have to re-do jury selection” — a situation that appeared like a worst case state of affairs coming from this keenly arranged pass judgement on. 

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