Sean Combs trial updates | Defense closes; deliberations set for Monday

As soon as the government rested its case after calling 34 witnesses over nearly seven weeks, the defense asked the judge to immediately find Sean Combs not guilty of all the charges.

"The defense moves for a judgment of acquittal on all counts," defense attorney Alexandra Shapiro said. "The government has failed to meet its burden."

The jury was not in the room for the argument.

"The evidence does not establish that Mr. Combs conspired with any other person to violate the RICO statute," Shapiro said. "They failed to show that any other individual actually conspired with him to conduct the affairs of this 20-year purported criminal enterprise."

At most, the defense said, employees ran "personal errands" for Combs while he or his girlfriends booked the escorts for sexual encounters themselves.

"The assistants set up and cleaned hotel rooms but they didn't know much if anything about what went on in those hotel rooms other than they used a lot of baby oil and AstroGlide," Shapiro said.

Combs has been accused of sex trafficking by force, transportation to engage in prostitution, and racketeering conspiracy as part of a federal indictment originally filed in September 2024. He later faced two additional superseding indictments. Combs has pleaded not guilty to all of the charges.

Federal prosecutors on Tuesday rested their case against Sean Combs.

"At this time, subject to confirming all of the government records are accurate in the record, the government rests," prosecutor Emily Johnson said.

READ MORE | Prosecutors rest their case against Sean 'Diddy' Combs after calling 34 witnesses

Toward the end of the defense cross-examination of Homeland Security Investigations Special Agent Joseph Cerciello, the jury watched additional excerpts of sex video recordings featuring Combs' ex-girlfriend who testified under the pseudonym "Jane."

The public monitors were turned off and the jury wore headphones so the public could not see or hear the footage. In total, the jury has seen about one hour of this footage during direct and cross-examinations of summary witnesses.

Defense attorney Teny Geragos also showed the jury various expenses paid by a corporate account but reimbursed by one of Combs' personal accounts as the defense seeks to show a separation between the sexual performances and his businesses.

On re-direct, however, Cerciello confirmed the records showed Combs paid for a male escort to cross state lines from Georgia to Florida.

During the cross-examination of Homeland Security Investigations Special Agent Joseph Cerciello, the defense showed the jury several text exchanges that they contend appeared to show Sean Combs and his ex-girlfriend "Jane," who testified under a pseudonym, attempting to hide their sexual activity from Combs' employees.

The defense showed an April 2023 text from Combs to "Jane" in which Combs wrote, "You find place. I can't have KK know," referring to Combs' then-chief of staff, Kristina Khorram.

In a May 2023 text shown by the defense, "Jane" wrote to Combs, "Just setting up the hotel."

In a later text from May 2023 shown by the defense, "Jane" asked an escort, "Do you have Zell? Can send you payment through there." The defense maintains that no finance person employed by Combs' businesses was involved in transferring money for sexual encounters, known as "freak-offs" and "hotel nights," depending upon witness testimony.

The defense also argued for the jury that "Jane" sometimes set up her own "hotel nights," separate from Combs' involvement.

"Sorry for this late text. It's no rush, let me know if you're up to coming to LA Saturday," "Jane" messaged an escort, according to a text shown by the defense. In a message to another escort shown by the defense, "Jane" said, "This is a 911 freak emergency."

Other messages showed Khorram sending Combs' assistants a list of what "Jane" "wants for hotel."

Federal prosecutors allege that Combs relied on the employees, resources and influence of his business to coerce "Jane" into unwanted sex with male escorts. The defense has denied that Combs ran a criminal enterprise that relied on assistants, bodyguards and other employees to fulfill his sexual desires.

During the cross-examination of Homeland Security Investigations Special Agent Joseph Cerciello, defense attorney Teny Geragos read messages that appeared to show "Jane," the Sean Combs ex-girlfriend who testified under a pseudonym, arranging sexual encounters with a male escort named Kabrale.

In December 2021, Kabrale sent "Jane" a message about "a pretty intense night" they had together. "That was the roughest sex we've ever had. ... I loved it," Kabrale's message said.

"Def one for the books," "Jane" responded, in one text shown by the defense. "Damn baby you got me so hot. You want to come back tonight or tmw morning."

Several days later, the defense argued, "Jane" sent Kabrale his travel arrangements. "Hey hon, here's your flight info. I'll have hotel info later tonight. Excited to see you," her text to Kabrale said.

"Jane" previously testified that she was sometimes willing to have sex with male escorts to make Combs happy. At other times she was coerced, federal prosecutors have argued. The defense has maintained that all of the sexual encounters discussed during trial testimony were consensual.

The jury also saw text messages in which "Jane" appeared to express her love and appreciation for Combs. "I'll never take you for granted," one message said.