By: Michael J. McConnell, Attorney & Owner of the Law Office of Michael J. McConnell
Kid Cudi’s testimony today in the trial against rapper Sean Combs (aka Diddy) might be an important moment if the jury ultimately convicts him.
The facts of this case are well known, so I won’t rehash them here other than to say that what the case really seems to come down to is whether the jury believes Diddy was running a well-orchestrated and coercive sex trafficking operation or if he was simply just engaged in taboo but consensual sexual practices.
In other words, is he more like a mafia or cartel boss running some illegal operation or is he just living a swinger lifestyle? Whichever one of those narratives the jury believes will almost certainly dictate whether he is convicted or not.
And why is Kid Cudi’s testimony in particular so important here? Well, it all has to do with the racketeering charge.
Racketeering: A Crime Typically Charged in Mafia or Organized Crime Cases
Remember that what Diddy is charged with is racketeering, sex trafficking, and transportation to engage in prostitution.
The government will try to prove the sex trafficking and transportation to engage in prostitution charges through the witnesses they have called so far as well as others likely to testify in the coming days and weeks.
The racketeering charge, however, is the most serious charge because it significantly elevates the potential punishment to a sentence of life imprisonment if he is convicted. The hope for Diddy’s defense team is that the jury finds that the racketeering charge is overblown, but I think the shocking testimony from Kid Cudi today really helps the government sell the racketeering charge. Here’s why.
Racketeering in layperson’s terms is basically running a criminal enterprise. This is why you frequently hear of this particular offense in connection with organized crime like the mafia. Things like extortion, blackmail, obstruction of justice, and related crimes are typical components of racketeering.
So in the Diddy case, the prosecutors are essentially arguing to the jury that Diddy used his businesses to engage in racketeering. They are therefore calling witnesses who, if believed, will show that he used violence, intimidation, and other criminal acts to run a sex trafficking operation.
Kid Cudi’s Testimony Makes Diddy Look Like a Mafia Boss: Why That is Helpful in Proving a Racketeering Charge
Understanding why Kid Cudi’s testimony is critical is relatively straightforward. After all, what better way to convince the jury of racketeering – a typical charge for a mafia boss – than to allege that Diddy was doing mafia boss-like things, such as blowing up someone’s car as a means of intimidation?
In today’s testimony, Kid Cudi testified that his Porsche was set on fire a short time after Kid Cudi started dating Diddy’s ex-girlfriend Cassie, who is also a key witness in the case. Apparently, the fire was set by a Molotov cocktail. Fortunately, neither Kid Cudi nor anyone else was in the vehicle at the time.
What points to Diddy as the culprit for blowing up the car is the fact that Cassie testified last week that when Diddy learned that she was dating Kid Cudi he told her that he would blow up Kid Cudi’s car. Next thing you know, Kid Cudi’s car was getting blown up.
On top of that, Kid Cudi told the jury that a few weeks before his car was set on fire he learned that Diddy broke into his house. Diddy’s assistant had called Kid Cudi telling him that Diddy was in the house, at which point Kid Cudi called Diddy and asked about what was going on. Diddy replied in a strangely calm manner that he simply wanted to talk to Kid Cudi.
When Kid Cudi arrived home, Diddy was no longer there. However, he saw that someone opened a Christmas present and locked his dog inside of a bathroom. Fast forward a few weeks later and we have Kid Cudi’s car getting blown up.
Additionally, Kid Cudi apparently met with Diddy and tried to work things out the day after the car fire. When he confronted Diddy about it, Diddy simply replied with a “very cold stare” and said “I don’t know what you’re talking about.” At that point, Kid Cudi stopped talking about it, but then several years later Diddy apparently apologized vaguely “for everything” without specifically mentioning the car incident.
Put simply, if the jury believes it was Diddy who blew up the car, it makes him look a lot more like a mafia boss than someone just caught up in the “swinger lifestyle.” The more he looks like a mafia boss, the easier it is to convict him of racketeering – especially with all of the other evidence to date as well as whatever evidence might be coming the rest of the way. And if convicted of racketeering, he faces up to life in prison.
Final Thoughts: If the Jurors Believe Diddy Blew Up Kid Cudi’s Car, They Might Be More Likely to Convict Him on the Racketeering Charge
In my view, it could very well be Kid Cudi’s testimony that helps push the government’s case over the finish line on the racketeering charge. There has been a ton of testimony so far regarding some of the coercion here, but nothing helps prove a mafia-type of crime than true mafia-like behavior. When those jurors go back to deliberate, I wouldn’t be surprised if the allegation that Diddy blew up Kid Cudi’s car is something that convinces a juror on the fence about the racketeering charge to convict. Still a long way to go, but the more Diddy looks like a really bad guy – whether from the video of him beating Cassie, testimony about him blowing up a car, or some of the other terrible conduct – the easier it will be for the jury to come back with a guilty verdict on the most serious charge of racketeering.
Michael J. McConnell is a personal injury lawyer in Westchester County and former criminal prosecutor in Manhattan. He is a graduate of Pace Law School and is licensed to practice law in the State of New York.