Diddy ‘diminished’ mental condition: Defense argues possible strategy

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Federal prosecutors are pushing back against Sean “Diddy” Combs’ lawyers, who may argue he lacked the mental state needed to commit the crimes he is accused of in his upcoming sex-crimes trial.

Prosecutors are arguing against Diddy’s legal team calling on an expert witness, forensic psychiatrist Dr. Elie Aoun, who would speak to Combs’ “diminished capacity” at the time of his alleged crimes, according to a motion filed April 27 in New York Southern District Court. Combs has been charged with racketeering, sex trafficking and transportation to engage in prostitution.

The goal for Diddy’s lawyers would likely be to show he lacked the required criminal intent for these crimes, which is required in criminal cases, as one of the few exceptions in federal law given to mental condition defenses because of the “strong danger of misuse.”

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Prosecutors said that Diddy’s lawyers submitted this witness too late and that Aoun’s testimony doesn’t fit the narrow exception given in federal law for this type of defensive argument. They also pointed out that Aoun did not examine Combs, leaving his opinions based on records and evidence that has been redacted from the April 27 filing.

Prosecutors also argued Aoun’s testimony may be used to bring in evidence that a jury would otherwise not be allowed to hear, including statements made outside of court, or to garner “juror admiration or sympathy.”

Prosecutors and Combs’ defense are set to meet again for a pretrial hearing later this week.

Diddy’s trial begins with jury selection May 5.

On April 25, Diddy’s lawyers and prosecutors battled over other expert witnesses both sides want to call in the trial, including psychologist Dr. Dawn Hughes. Judge Arun Subramanian ruled the psychologist is not allowed to discuss coercive control – a form of domestic abuse – but is allowed to discuss coping strategies for victims and why victims stay in relationships with patterns of domestic violence.

Combs’ team wants to offer its own witness, Dr. Alexander Bardey, a psychiatrist said to disagree with Hughes’ “opinion that certain patterns are typical in such cases.”

Contributing: Jay Stahl and Patrick Ryan

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