Diddy lawyer suggests alleged sex crimes were swinging

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Sean “Diddy” Combs’ lawyers are laying stunning groundwork for his legal defense, arguing that he’s not guilty of federal sex crimes because, in his mind, he was just engaging in sexual “swinging.”

The embattled music mogul’s legal team offered that window into his possible defense during a court hearing April 25, less than two weeks before his May 5 trial begins.

“Swinging,” a consensual but non-monogamous sexual behavior takes place when singles or partners in committed relationships engage in intimate acts.

The discussion arose when the prosecution argued Combs’ lawyers shouldn’t be able to tell jurors that he is being targeted in a vindictive or novel way. 

Combs’ attorney Marc Agnifilo said his legal team agrees they shouldn’t be able to argue Combs is being selectively targeted for prosecution, but they need to be able to say that there is “a lifestyle” that Combs had. “Call it swingers,” Agnifilo said.

He suggested that portraying Combs’ activities as part of that lifestyle will be relevant to demonstrating to jurors that Combs didn’t have the criminal intent that’s required to be guilty.

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But federal prosecutors allege the music mogul engaged in behavior that was far more sinister in nature. Combs, 55, was arrested in September at a Manhattan hotel. He has been charged with two counts each of sex trafficking and transportation to engage in prostitution and one count of racketeering.

Combs has pleaded not guilty to all five counts.

Diddy trial set to begin May 5

The criminal trial emerges as a series of civil lawsuits from dozens of accusers aimed at Combs have been filed, accusing one of the music industry’s most recognizable figures of a pervasive pattern of sexually and physically abusive behavior. The allegations span decades and include accusations of rape, sexual assault and physical violence.

Through his legal team, Combs has continued to maintain his innocence. At the April 25 hearing, a federal prosecutor said Combs had rejected a plea deal.

The same attorney did not share terms of the plea offer, but indicated she wants Subramanian to confirm with Combs directly that his lawyers told him about the offer and that he made the decision to turn it down.

Subramanian indicated he will question Combs at a May 1 hearing, just days before one of the most talked-about celebrity trials in recent history is underway.

Contributing: Patrick Ryan

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