Sean Combs’ lawyers say ‘Freak Off’ videos show ‘consenting adults’

Sean “Diddy” Combs claims several videos at the center of his federal racketeering and sex trafficking indictment show “fully consenting adults” engaged in sexual encounters known as “Freak Offs.” Combs’ lawyers say the videos confirm his “innocence” and should be turned over to his defense for independent analysis.

In a letter to the court Tuesday, Combs’ attorneys revealed that nine Freak Off videos had already been turned over to prosecutors by “Victim 1,” widely known to be Combs’ ex-girlfriend, Casandra “Cassie.” Ventura. They claim the videos “unambiguously” depict consensual sexual encounters where “victim 1 is not only consenting; she is obviously happy, dominant and totally in control.

“Any impartial viewer of the videos will quickly conclude that the prosecution of Mr. Combs is both sexist and puritanical,” reads the letter obtained by rolling stone bed. “The videos clearly show consensual sex between consenting adults in a decades-long relationship and fundamentally undermine the government’s case and Victim-1’s claims.”

Because the videos are currently the subject of a protective order, his lawyers say they were only able to view the footage in person, under the supervision of law enforcement. They argue that complete and unabridged electronic copies are necessary in order to retain their own experts to exploit the “full exculpatory value” of the videos before trial. They argue that the videos form the core of Combs’ defense, and given that they are not highly classified material or child pornography, Combs has the constitutional right to review their undisclosed audio and metadata portions for build a “meaningful defense.”

“Protective orders are common in criminal cases, and we have one in this case that prevents the defense from physically possessing certain evidence,” says Combs’ lead attorney, Marc Agnifilo. rolling stone. “So we asked the Court to allow us to possess the video evidence so that we can, for example, improve audibility.”

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It was Ventura’s November 2023 lawsuit against Combs that sparked the criminal investigation behind his accusations. In her complaint, Ventura alleged that Combs subjected her to extensive violence and forced her to participate in choreographed sexual encounters with sex workers called “Freak Offs.” She alleged that Combs would make her consume “large amounts” of drugs, including ecstasy, cocaine, GHB, ketamine, marijuana and alcohol, and that the intoxicants would help her to “dissociate during these horrible encounters”.

That lawsuit was settled within 24 hours, but it paved the way for more than 40 subsequent lawsuits. Combs’ homes were raided in March, and in May CNN obtained harrowing hotel surveillance video showing Combs throwing, kicking, stomping and dragging Ventura down the hallway of the InterContinental Hotel in Los Angeles. Angeles. After initially denying Ventura’s allegations against him, Combs released an apology video, admitting that his “behavior on this video is inexcusable.”

Combs, 55, was arrested and charged in September and has pleaded not guilty. He is currently being held at the Metropolitan Detention Center in Brooklyn. His trial is scheduled for May.

Attempts to reach Ventura’s attorney were not immediately successful Tuesday. Prosecutors were expected to respond to Combs’ amendment request in a follow-up filing of their own.

According to Combs and his team, the nine videos in question were turned over to prosecutors by Ventura. “These videos unambiguously show that the person alleged in the indictment to be ‘Victim 1′ not only consented but actually enjoyed himself,” reads the letter from Combs’ lawyers. Lawyers say some videos are very dark and grainy with poor sound quality. So they need unrestricted access to fully review them and potentially create exhibits, still images and transcripts. They said prosecutors could designate the videos as “the sole possession of counsel,” meaning the material would be “kept safe and secure by defense counsel.”

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Francisco Mundaca, a former New York state prosecutor who is following the case, says the judge is in a difficult position here, especially with the jury trial approaching in just four months. While it’s true that prosecutors offered to bring in a “neutral” expert to improve the video for both sides, as outlined in the letter, that seems like a “reasonable” middle ground, he says. Either way, he expects a fight.

“The defense’s argument is that enhancing the video will show that it was consensual – that it’s clear that no one was intoxicated. In a grainy video, you’ll want to zoom in and look at someone’s pupils, their eyes, whether they’re conscious or not. I imagine a lot of their arguments will center around that,” he said. rolling stone.

He said Combs’ team clearly wasn’t happy with the idea of ​​having just one neutral expert. “I have had cases where I interviewed three experts. And experts like to observe things in their own laboratory, in their own environment,” he says. And given that prosecutors already have video of Combs becoming violent with Ventura, the defense is heavily focused on telling a different story with its own video, he said.

“Cassie has always proven to be a very credible person. They must discredit her. And if it’s the video that they say shows she’s part of it, that’s their defense. And he has the right to present the best possible case,” says Mundaca.