A federal judge in New York on Friday ruled that a 2016 surveillance video showing Sean "Diddy" Combs allegedly assaulting then-girlfriend Cassie Ventura in a Los Angeles hotel can be presented at his upcoming sex trafficking and racketeering trial, rejecting defense claims that the footage was manipulated and prejudicial.
"The defense can't show the footage is inadmissible," U.S. District Judge Arun Subramanian said from the bench. "There's no unfair prejudice to Mr. Combs." Jury selection is scheduled to begin May 5.
The video, first obtained by CNN, depicts Combs clad in a towel chasing Ventura through a hotel hallway, striking her, throwing her to the floor, kicking her, and dragging her. Combs' legal team argued the footage had been altered, citing a forensic specialist, but the court found the video had been authenticated by two witnesses. Prosecutors successfully petitioned to slow the video for clarity during trial presentation.
The ruling came as both parties convened for a final pretrial hearing, where the prosecution also sought to restrict public access to a set of videos described as evidence of alleged "freak offs"-multi-participant sex acts that federal prosecutors say Combs orchestrated and filmed. Assistant U.S. Attorney Madison Smyser told the court that the material was "extremely sensitive" and featured "victims, other parties, and, in some videos, Mr. Combs."
"These are extremely sensitive videos, they are going to involve videos of 'freak offs,'" Smyser said. "They involve other parties, victims, and, in some videos, Mr. Combs." Prosecutors proposed that jurors view the material individually on monitors with earphones, a method previously used in the trial of singer R. Kelly.
Combs has pleaded not guilty to multiple counts, including two counts of sex trafficking, two counts of transportation to engage in prostitution, and one count of racketeering. The charges stem from allegations that he led a criminal "enterprise" that facilitated abuse and coerced participation in sexually exploitative acts through intimidation, drugs, and violence.
The prosecution also requested that a victim be permitted to testify about a "medical procedure" allegedly resulting from one of the "freak offs." Prosecutor Meredith Foster argued the incident demonstrated "the degree of control Combs had over" the alleged victim. Subramanian said he would decide on the admissibility of that testimony based on broader witness context.
Defense attorney Marc Agnifilo signaled that Combs' team would present the music mogul's lifestyle as that of a "swinger," describing his participation in group sexual activity as part of "a lifestyle... he thought was appropriate... because it's so common." Expert witness Dawn Hughes, known for her testimony in high-profile abuse cases, will reportedly speak on Combs' behalf about interpersonal relationships and consensual sexual norms in nontraditional arrangements.
Combs, appearing in court in khaki jail clothing and slip-on shoes, remained attentive during the proceedings and exchanged hugs and handshakes with his legal team before the hearing began. He has been held at Brooklyn's Metropolitan Detention Center since his September arrest.
The court also granted Combs' defense access to draft material from Ventura's unpublished memoir for cross-examination purposes, but denied broader requests for her emails, notes, and bank records. Warner Bros. has been ordered to provide interview footage involving accusers from the forthcoming Max documentary The Fall of Diddy.
Combs previously settled a civil lawsuit with Ventura in November 2023. His lawyer has claimed that the case-and Ventura's unpublished book-were leveraged for financial gain, describing a purported $30 million offer to buy exclusive rights to the manuscript. That argument was rejected by the court.
In the criminal case, prosecutors say they will call five accusers, including Cassie Ventura, and introduce testimony from an additional "propensity witness." They also plan to present evidence from sex workers allegedly recruited for Combs' events. If convicted, the former Bad Boy Records CEO faces the possibility of life in prison under federal RICO statutes.
