In a surprising turn of events at the Sean Combs trial, an alternate juror has revealed that the jury’s decision to acquit the music mogul on sex trafficking charges may have hinged on the legal element of “intent” rather than disbelief in the testimony of his accusers.
Sean Combs was found not guilty of two sex trafficking charges and one count of racketeering conspiracy, despite harrowing testimony from his ex-girlfriend Casandra “Cassie” Ventura and another former partner who testified under the pseudonym Jane. The jury did, however, convict him on two lesser counts of transportation to engage in prostitution.
An alternate juror identified only as George told Rolling Stone that he found both women’s testimony credible. “Both women, I believe they were very credible. They wouldn’t go up there and want to lie. I believe the women,” he said. However, he explained that the prosecution struggled to provide definitive evidence of Combs’ intent to commit sex trafficking.
“I was looking for something that would prove intent. And the defense did raise some doubt whether there was intent to coerce,” George explained.
The trial, which lasted seven weeks, featured testimony from 34 government witnesses. George revealed that the “freak-off” videos shown to jurors didn’t clearly demonstrate coercion, saying they depicted “just talking and rubbing oil” and in some footage, Ventura appeared to be helping with “the ambiance” of the alleged drug-fueled threesomes.
Elizabeth Geddes, a former federal prosecutor who secured R. Kelly’s racketeering conviction, explained the challenge: “The jury could have credited that Cassie felt compelled to engage in the freak-offs for fear of otherwise enduring serious harm but found that there was not enough evidence to prove that Combs’ intent was for her to do so.”
Maria Cruz Melendez, another prosecutor from the R. Kelly case, added that proving intent is “one of the hardest elements” in prosecuting a crime because “you have to enter the mind of the defendant.”
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When the verdict was announced, Combs visibly expressed relief, covering his face, sighing deeply, and pumping his fist. His defense team now argues he deserves a below-guidelines sentence since he wasn’t a “pimp” profiting from escorts. Defense calculations suggest a sentencing range of 21-27 months, while prosecutors contend it should be 51-63 months.
Defense attorney Mark Agnifilo called the outcome “a great victory for Sean Combs” and “a victory of all victories.” During closing arguments, he characterised the relationship between Combs and Ventura as a “great modern love story” and argued that while Combs admitted to violence, domestic abuse didn’t equate to sex trafficking.
In her testimony, Ventura described regular physical beatings and threats that led her to feign enthusiasm as a survival tactic. “It was always in the back of my mind that I would somehow be hurt by him,” she testified. “Make the wrong face, and the next thing I knew, I was getting hit in the face.”
The alternate juror acknowledged the high standard of “beyond a reasonable doubt” in criminal cases, but maintained that “if we did find there was true intent, and there was an opportunity to convict [Combs] on any of the charges he was found not guilty on, the jury would have done that.”
Combs is scheduled to be sentenced in early October for the two counts on which he was convicted.
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