Diddy’s defense may claim drugs clouded mental capacity to commit crimes

  • Diddy's lawyers contend he didn't have mental capacity to commit crimes
  • Prosecution filed motion excluding defense's expert witness testimony
  • Lawyers: Defense's expert witness would 'confuse,' 'mislead' jury

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(NewsNation) — Sean “Diddy” Combs’ legal team attempted to argue the incarcerated rapper did not have the “mental capacity” to commit alleged sex crimes due to his being under the influence of drugs or alcohol at the time.

Prosecutors filed a motion April 27 opposing the defense’s argument requesting the judge not allow the defense’s expert psychiatrist, Elie Aoun, an assistant professor of clinical psychiatry at Columbia University and forensic psychiatrist in New York City, testimony in the upcoming May trial.

They said Aoun does not have the ability to gauge Combs’ mental state at the time of the alleged crimes, claiming, “The proposed testimony is far more prejudicial and confusing than it is probative.”

The motion stated in part that the defense’s expert witness would not offer pertinent evidence but, “Rather than serving a purpose with respect to Dr. Aoun’s analysis, any of Dr. Aoun’s testimony relating to these documents would only serve to pretextually present hearsay testimony to elicit sympathy from jurors and invite improper considerations.”

“An ‘expert may not, however, simply transmit hearsay to the jury,’ particularly where, as here, it has no apparent connection to his expert qualifications or expert opinion,” the motion continued. “It would only confuse and mislead the jury and prey on their sympathies to present the defendant’s medical history and life story under the guise of expert testimony without subjecting the defendant to cross-examination.”

Jury selection for Combs’ trial begins May 5. He faces federal sex trafficking and racketeering charges stemming from allegations spanning two decades.

A lawyer for Combs told NewsNation they would not comment on the case.

Aoun did not respond to a request for comment.

Arick Fudali, a lawyer who represents two of Combs’ accusers — former Danity Kane member Dawn Richards and another client referred to as “John Doe,” told NewsNation, “This is an interesting motion on a controversial issue, and I’m confident the judge will hear both sides and make an informed decision on the merits.”

“I can say that in representing alleged victims of sexual abuse and trafficking against other individuals, I have seen that from the victim’s point of view, it doesn’t matter what substances their alleged abuser was or was not taking,” he said. “The damage is done regardless.”

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