Sean 'Diddy' Combs trial updates: Defense closes; deliberations set for Monday

The charge conference concluded Wednesday night after numerous adjustments to the language of the instructions the judge will give to the jury before they begin deliberations.

Some of the changes involved legal concepts and necessitated adding or subtracting sentences. Other tweaks, like making sure the word “government” is not capitalized in the written version of the instructions, could be accomplished with a simple “find and replace” function, defense attorney Alexandra Shapiro said.

At the outset of the conference, Judge Arun Subramanian noted, "This is the most people I’ve seen at a charging conference."

Sean Combs sat through a portion of it with his shoes off, his stocking feet visible beneath the defense table.

Subramanian will read the jury instructions once each side completes closing arguments on Friday.

The prosecution's closing arguments are expected to last about four hours. Closing arguments for the defense are expected to last about three hours. The prosecution’s rebuttal is expected to take about an hour.

The judge adjusted the schedule of closings at the request of the defense.

“We would prefer to start early on Friday morning,” Shapiro said, adding that the defense was concerned the jury could be sleepy in the afternoon.

Prosecutor Maurene Comey objected, saying the request appeared to be "gamesmanship more than anything else." She also noted the upcoming July 4 holiday, which the defense had previously cited as a concern.

The judge agreed to the defense adjustment.

Prosecutor Christy Slavik will deliver her closing statement Thursday. Court will then adjourn for the day.

Defense attorney Mark Agnifilo will deliver his closing on Friday, followed by the government rebuttal and the judge’s charge.

It's unclear whether there would be time for the jury to begin deliberations late Friday or whether deliberations will start Monday.

Federal prosecutors indicated during Wednesday’s charge conference they will also prune the predicate acts jurors will consider under the obstruction charge Sean "Diddy" Combs is facing -- though it was not immediately clear how.

The obstruction charge encompasses witness tampering.

Combs’ former assistant, known by the pseudonym “Mia,” testified Combs’ bodyguard Damian Butler, known as D-Roc, offered to “send my sister a gift” after Cassie Ventura’s lawsuit became public. Mia testified the outreach from D-Roc and Combs “terrified” her.

Federal prosecutors also elicited obstruction-related testimony from Eddy Garcia, a security guard at the InterContinental Hotel, who told the jury about repeated calls from Combs’ chief of staff Kristina Khorram about obtaining the video of Combs attacking Ventura.

Federal prosecutors, discussing with the defense and Judge Arun Subramanian what instructions will be given to the jury, have afforded jurors 10 possible predicate acts to find Sean Combs guilty of racketeering conspiracy. To convict, they must unanimously agree on two of these so-called predicate acts.

Two of the predicate acts involve kidnapping and two involve transportation for purposes of prostitution. There is also arson, bribery, witness tampering, forced labor, sex trafficking and distributing controlled substances.

Prosecutors on Wednesday pruned the kidnapping and arson predicates, but they remain viable options for the jury.

For example, the jury will still consider whether the pattern of racketeering activity involved kidnapping, aiding and abetting kidnapping or conspiracy to commit kidnapping. Prosecutors earlier Wednesday removed attempted kidnapping as a theory of liability. Similarly, the jury will consider whether the pattern of racketeering activity involved arson, aiding and abetting arson or conspiracy to commit arson but will no longer consider attempted arson.

Prosecutors will still include in closing arguments the testimony of rapper Kid Cudi, which related to arson, and testimony by Combs’ former employee Capricorn Clark, which related to kidnapping.

Combs has pleaded not guilty to all charges.

Federal prosecutors are no longer including attempted kidnapping and attempted arson as underlying crimes in the alleged racketeering conspiracy charge against Sean Combs.

Prosecutors disclosed in a letter to Judge Arun Subramanian that they would “no longer proceed on these theories” when they deliberated closing arguments, which are scheduled to begin Thursday.

Instead, prosecutors signaled that they would push sex trafficking and forced labor as primary predicate acts that the jury could find to convict Combs of racketeering conspiracy.

Defense attorneys have argued that no evidence was presented directly tying Combs to the arson that damaged rapper Kid Cudi’s Porsche. Defense attorneys also argued that the alleged kidnapping of Combs’ former employee, Capricorn Clark, by Combs to confront Kid Cudi was far removed from the heart of the case.

Federal prosecutors did not elaborate on their decision in their letter.

Attorneys are scheduled to meet at noon today to discuss the judge’s instructions to the jury.