Sakshi Venkatraman
Reporting from court

Court is on a 45-minute lunch break. But before the jury was dismissed, Combs' defence attorney moved his arguments to questions about Comb's sex trafficking charge.

Agnifilo's main point here is that Cassue Ventura and Combs were swingers. He argues she liked the so-called "freak offs" and wanted to do them.

Agnifilo also keeps referencing Ventura’s looks and sexuality.

“She’s a beautiful sexy woman, when she wasn’t with Sean Combs, she was dating Michael B. Jordan,” he says. He also says Ventura never indicated to Combs that these hotel encounters were against her will.

Agnifilo again highlights explicit messages between between Combs and Ventura where she appears to be expressing desire and arousal at the idea of the so-called "freak offs".

He also went through the InterContinental video again piece by piece, skipping the assault, and portraying Combs actions as those of someone who is high off bad drugs.

The domestic violence was “unforgivable”, Agnifilo says, but they were getting through it as a couple.

Anoushka Mutanda-Dougherty
Podcast host, Diddy on Trial

The BBC's Diddy on Trial podcast has followed every twist and turn in Diddy’s case since November 2024.

From bombshell allegations of so-called "freak-offs", to testimony from Grammy-winning rapper Kid Cudi, there have been headline-making moments every week.

We're bringing you all the updates straight from court in New York.

You can listen to the podcast on BBC Sounds or watch on our YouTube channel, external, external.

Madeline Halpert
Reporting from court

Now, Agnifilo is attacking prosecutors’ argument that as a part of his racketeering scheme, Combs and his employees procured and distributed drugs.

He says over and over that Combs procured "personal use drugs" only, meaning he did not intend to distribute them.

"There’s no doubt he had personal use drugs... but was he using his enterprise to sell drugs, move drugs?"

He continues to pace as he speaks, while Combs sits back in his chair with no expression.

Madeline Halpert
Reporting from court

Back at the podium, Agnifilo started by talking about one of the victims, Mia, who testified under a pseudonym that she frequently could not leave work or Combs’ house and that he raped her on several occasions.

Agnifilo shows jurors a loving birthday card Mia wrote to Combs, as well as a giant poster of an Instagram post of Combs’ employees smiling together.

"This is your racketeering enterprise," he says. He also claims Mia lied about being sexually assaulted. There was "not unwanted sexual contact. Something consensual happened," he adds.

Madeline Halpert
Reporting from court

Before we got back from our break, prosecutors raised objections to some of the points Agnifilo made during his arguments, as we’ve reported.

The judge sided with prosecutors, saying he agreed with them that it was "grossly improper" that Agnifilo told jurors to consider why the government brought charges against Combs - something they’re not supposed to do.

When jurors filed back into the courtroom, he gave them an instruction, telling them it would be "improper" to consider why the government brought charges and they should disregard those remarks.

Image source, Getty images

Leading his defence is Marc Agnifilo, a lawyer who has some experience defending high-profile cases.

Agnifilo previously defended cult leader Keith Raniere, convicted fraudster Martin Shkreli, and former Goldman Sachs banker Roger Ng.

He’s also currently representing Luigi Mangione alongside his wife Karen Agnifilo.

Agnifilo’s second chair on the case is Teny Geragos, the daughter of famous celebrity attorney Mark Geragos. In the last few days, the prosecution has taken issue with the elder Geragos, especially because he’s been sharing details on his podcast, “2 Angry Men”.

There are five other lawyers representing Combs. In a court sketch from jury selection last week, Diddy was seen hugging Brian Steel, the defence’s most recent addition who also represented rapper Young Thug in Georgia.

On the other side, there are eight members of the prosecution, including Maurene Ryan Comey, who’s had a storied career in the Southern District of New York and previously secured a conviction for British socialite Ghislaine Maxwell.

Sakshi Venkatraman
Reporting from court

The jury has returned after a brief break. While they were dismissed, prosecutors raised concerns to the judge about what they say is "inappropriate" testimony by Agnifilo.

Government lawyers raised the following concerns:

• Agnifilo was inviting the jury to question why the prosecutors brought certain charges, which they said was inappropriate
• Prosecutors say Agnifilo implied Combs is charged with kidnapping and arson separately - but he is not. Those are offenses under the racketeering charge
• Prosecutors say that they are concerned that Agnifilo characterised the infamous InterContinental video as misdemeanour assault

The judge will rule on these objections after the break

Sakshi Venkatraman
Reporting from court

Another predicate offence: obstruction of justice and witness tampering.

A story that’s come up many times during the trial is Combs offering $100,000 (£73,000) to hotel employees at the InterContinental hotel to cover up the video of him appearing to assault Cassie.

Agnifilo says this was a PR move rather than obstruction. He highlighted a clause from the non-disclosure agreement Combs had the hotel employees sign which makes exceptions for a police investigation.

Prosecutors also said yesterday that Combs tried to interfere with two of the alleged victims in this case: Jane and Mia.

Audio was played yesterday of Combs telling Jane in a phone call after Cassie’s lawsuit that "I need your friendship" and that "you ain’t gotta worry about nothing".

Agnifilo says these words weren’t aimed at obstructing a criminal investigation - but rather at preventing another lawsuit.

Prosecutors also showed messages yesterday when Combs’ security guard D Rock offers money to Mia after Cassie’s lawsuit is dropped.

The defence says D Rock did this because in previous messages Mia said she was "out" of money.

Sakshi Venkatraman
Reporting from court

Agnifilo has been attempting to pick apart each of the predicate offenses under Combs’ racketeering conspiracy charge.

Starting with arson and kidnapping, he tackles the Kid Cudi break-in and car explosion incident.

He tells the jury that Capricorn Clark’s account that Combs kidnapped her at gun point to "kill" Kid Cudi "falls apart".

Agnifilo asserts there was no gun, and that it was merely trespassing.

He also says there’s no evidence Combs had anything to do with Cudi’s Porsche being blown up with a Molotov cocktail.

Nada Tawfik
Reporting from court

Before the break, Agnifilo was walking the jury through what he believes are inconsistencies from Capricorn Clark, Diddy’s former assistant, in hopes that jurors will discount all of her testimony related to kidnapping and arson.

For example, Clark said she was forced at gunpoint to go to Kid Cudi’s house because Diddy wanted to kill him after finding out about the relationship.

Agnifilo points out that Cudi said Clark told him over the phone that Combs and an affiliate were in his house, but he made no mention of guns or killing.

Agnifilo also argues her “vivid testimony” of a car chase doesn’t match up to Cudi’s telling of events. Instead, he tells jurors that what likely happened was that she willingly went with Diddy to Cudi’s house, but later made up the gun so she doesn’t look like she was part of it.

He tells jurors “you have a right to say that’s a stretch,” ask why she’s making such a stretch, and then discount all of her testimony.

We're hearing from the court that the jury has been dismissed for a short break.

We'll bring you more lines from the trial's closing arguments here soon.

Image source, CQ-Roll Call, Inc via Getty Images

Last week, Judge Arun Subramanian removed a juror from the trial after they gave inconsistent answers about their address.

During jury selection, the unnamed juror indicated on a questionnaire that he lived in the Bronx, a borough of New York. But more recently, he told a court staffer he had moved in with his partner in New Jersey.

The trial is being held in federal court for the US South District of New York and jurors must reside in New York. New Jersey, just across the Hudson River from Manhattan, is a different state.

Judge Subramanian said he had found "several inconsistencies" between the juror's answers in court transcripts, which he said could suggest a desire to "be deceptive" in an effort to get on the jury.

Lawyers for Sean Combs had opposed the decision, saying that Combs, who is black, would be "substantially prejudiced by the dismissal" of a black male from the jury.

The alternate juror who replaced him is a 57-year-old white father from Westchester.

Combs' lawyer Xavier Donaldson, who is black, said the trial's jury was the most diverse he had seen in his three-decade career, and that dismissing the juror would be "a step backward".

Lead prosecutor Maurene Comey had asked that a juror be dismissed for what she described as "a lack of candour".

• Read more: Juror dismissed in Diddy trial over 'inconsistencies'

Madeline Halpert
Reporting from court

Agnifilo uses Ventura’s relationship with rapper Kid Cudi to bolster his point that she’s not a victim.

He says Ventura "played both of them" - meaning Combs and Kid Cudi.

"Cassie’s keepin' it gangster," Agnifilo says. "She is nobody’s fool."

Combs' lawyer also tries to paint Ventura as an active participant in her sex life with Combs, saying it was one of the best parts of their relationship.

"She’s a woman who actually likes sex - good for her! She’s beautiful, so she should,” he adds, eliciting laughter in the court overflow room.

Madeline Halpert
Reporting from court

Agnifilo has just finished talking about Combs' 11-year relationship with Cassie Ventura.

He tries to paint it as a very loving and "intense” relationship - and not one of dominance over Ventura. He calls their relationship “one of the greatest modern love stories".

He paints Ventura as not a victim - but a "winner".

"If you had to pick a winner in this whole thing, it’s hard not to pick Cassie," he says, because Combs is in jail, and Ventura won millions in a settlement.

Throughout the seven-week trial, jurors have seen many photos of Ventura’s bruises from alleged beatings at the hands of Combs.

They also saw a video of him beating and dragging her in a hotel hallway in Los Angeles.

Madeline Halpert
Reporting from court

Whereas prosecutors’ style at the podium was methodical and calm, walking jurors through the many crimes they say Combs committed, Agnifilo is extremely animated and more casual.

He's frequently cracking jokes and laughing at them as he paces back and forth, sometimes making it hard to hear what he’s saying.

Meanwhile, Combs doesn’t betray much emotion as he watches his lawyer give his final pitch to jurors. He's sitting back in his chair with his arms folded.

Sakshi Venkatraman
Reporting from court

Like they have from the beginning, the defence is admitting to Combs’ domestic violence.

“We own it, it happened,” Agnifilo says.

If this were a domestic violence case, “we wouldn’t be here” because Combs would have pleaded guilty, he adds.

Sakshi Venkatraman
Reporting from court

Defence attorney Marc Agnifilo says it's important to remember that none of the alleged victims called the police.

Instead, Cassie Ventura filed a lawsuit against Combs for $30m (£22m), of which she ended up winning $20m.

The federal case was spurred by that lawsuit, so if Combs wasn’t rich, there would be no federal criminal trial, he says.

"He’s a self-made successful black entrepreneur," he says. "He’s built wonderful, sophisticated businesses."

Agnifilo also reminds the jury that Jane - an ex-girlfriend of Combs who testified against him under a pseudonym - is still living in a house that Combs pays for.

"Jane came here and testified against him…I don’t know what she’s doing today, but whatever she’s doing it’s in a house he paid for. He takes care of people," the defence attorney adds.

Sakshi Venkatraman
Reporting from court

There are two versions of this trial, Agnifilo says. One is what jurors can see from the evidence and witness testimonies, and another is a "fake trial" concocted by the prosecution.

In a loud voice, he sarcastically makes reference to the copious amounts of lubricant and and baby oil found at Combs’ residences - that the prosecution has emphasised throughout the trial.

"The streets of America are safe from the Astroglide [lubricant]!" Agnifilo shouts. "They found the baby oil! They found the personal use drugs."

He says the real trial is about five things: love, jealousy, infidelity, money and domestic violence.

Sakshi Venkatraman
Reporting from court

Combs is in his usual chair, turned toward Agnifilo.

He’s wearing his signature white sweater. Six of his children and his mother sit on the bench behind him. The whole family is also wearing white.

Agnifilo points this out - gesturing toward his kids and telling the jury that it’s important they’ve accompanied Combs.

Image source, Getty Images

Madeline Halpert
Reporting from court

We’re about 10 minutes into defence attorney Marc Agnifilo’s closing argument, and he’s trying to strike a casual and complimentary tone with the jurors, who face him directly in the juror box across from the podium.

He says the jurors are incredibly diligent and prompt, and he wants to be efficient so as to not waste their time.

We begin to hear some of the defence’s main points again.

Agnifilo says the prosecutors’ case is "badly, badly exaggerated". He says the trial is not about crimes - but about a "lifestyle", a swinger's lifestyle.

Prosecutors are criminalising "personal use drugs" and "threesomes" as racketeering, he says.