Sean “Diddy” Combs reportedly wants to testify at trial in the sex trafficking case recently brought against him by federal prosecutors in New York.
That could be a bad idea, though it’s a choice that belongs to every criminal defendant. Indeed, it’s their right, as a judge would advise them at trial when it’s time to officially make that decision.
But whether it makes sense to testify can only be determined on a case-by-case basis. Generally speaking, taking the stand in a criminal case is a risky endeavor that can make defense lawyers nervous.
“I don’t know that I can keep him off the stand,” Combs’ lawyer Marc Agnifilo told TMZ, adding that the hip-hop mogul is “very eager to tell his story.”
It’s an understandable sentiment. A person accused of a crime would naturally want to explain why they’re not guilty or add whatever details they think are missing from the prosecution’s presentation.
But the stories told at trials are guided by specific legal rules, and it’s up to judges to decide what juries hear.
With that in mind, it could be premature for Combs — who’s presumed innocent and has pleaded not guilty — to make a fully informed decision about whether to testify at a trial that would be months away, at least, if it ever happens. Most cases are resolved by pleas.
To make that crucial decision, a defendant might first want to see what evidence the prosecution presents to the jury; a lawyer would likely advise their client against that backdrop, anyway. And the cross-examination of Combs could do more harm than good to the defense, given the government’s allegations of violence, the generally depraved nature of the charged crimes and any evidence against Combs beyond what’s alleged in the indictment that prosecutors could press him on in an effort to damage the defendant’s credibility in the eyes of the jury. Overall, however bad the prosecution makes the defendant look during its presentation of the evidence, the defendant could be left looking even worse after testifying. Ultimately, however eager Combs remains to testify if the case goes to trial — which wouldn’t happen for a while, if it ever happens — any eagerness on his counsel’s part for the client to testify could dissipate during the government’s presentation of its case, at which point the question would be whether they can convince Combs that it’s in his best interest to stay off the stand. Subscribe to the Deadline: Legal Newsletter for updates and expert analysis on the top legal stories. The newsletter will return to its regular weekly schedule when the Supreme Court’s next term kicks off in October.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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