Criminal lawyer David Gelman claims Diddy cannot be prosecuted under his charges and lists what he could have been guilty of 

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Renowned criminal defense lawyer David Gelman commented on rapper Sean "Diddy" Combs' ongoing s*x trafficking trial, claiming he is unlikely to be convicted on the charges he currently faces. Gelman also pointed out alternative charges that, in his view, could have plausibly led to conviction.

In a conversation with the Daily Mail, Gelman weighed in on the ongoing Diddy trial. The Bad Boy Records founder is currently facing two s*x trafficking charges, two charges of prostitution, and one racketeering charge. Gelman argued that there's no evidence to convict the rapper on these counts, saying:

"I don’t see how a jury is going to be able to convict Diddy on any of these charges. Not just one or two or three — any of them. The evidence is not there. Frankly, it’s an embarrassment, what the government did."

Gelman further claimed that even if the prosecution convinces the jury of Diddy's alleged abuse of certain victims, it cannot prove the more serious charges of s*x trafficking and racketeering. He also suggested the charges that could have been more effective, explaining:

"If this were a state case and he was charged with domestic violence and assault and battery, he’d be guilty any day, but that’s not what he was charged with."

Sean Combs was arrested in Manhattan in September 2024, with criminal trial proceedings beginning in May 2025. Multiple witnesses, including his former girlfriend, Cassie Ventura, and other anonymous witnesses, have taken the stand to testify about the allegations against him.


"Why bring these charges to begin with?" — David Gelman claims Diddy's charges won't stand as there's no proof of "coercion"

Sean Combs - Source: Getty
Sean Combs - Source: Getty

In his aforementioned interview with the Daily Mail, David Gelman further explained why he believes the charges against Diddy will not stand. A key part of the rapper's charges was his alleged "freak-off" parties. The lawyer believes that, despite them allegedly being explicitly sexual in nature, there are no signs of any member being forced or coerced into the same.

“The jury is going to be pissed off. Why bring these charges to begin with? The government should have known the charges were weak, so why waste the jury’s time for multiple weeks? Jurors are not dumb and will definitely be thinking that.”

Gelman also highlighted how the jury removed certain charges against Diddy at the last minute. Earlier this month, the prosecutors dropped the arson and kidnapping charges against Combs and narrowed down the racketeering claims against him.

His original racketeering charges included “creating a criminal enterprise whose members and associates engaged in, and attempted to engage in, among other crimes, s*x trafficking, forced labor, kidnapping, arson, bribery, and obstruction of justice." Two of these claims were removed.

Gelman maintained that there's no evidence of force or coercion on Diddy's part while involving his former girlfriends or other alleged victims in his reported freak-off parties. The criminal lawyer said:

“They don’t have [evidence of] Combs actually making calls and paying the prostitutes. They have evidence that [Combs' former girlfriend] Cassie Ventura and other individuals working for him set this up. So, to say beyond a reasonable doubt that it was Combs is a bridge going way too far.”

While there appears to be proof of Sean Combs' alleged "freak-off" parties taking place, there is no evidence of two key witnesses—Cassie Ventura and another anonymous Jane Doe—being forced to take part in it.

"The prosecutors would need to show that they were all unwilling participants. I don’t see any force or coercion anywhere. People were paid but were doing this on their own free will," Gelman said.

Speaking further about the nature of the gatherings, Gelman added:

"All these s*x parties, these ‘freak offs’ that they had, Diddy was all for it, but did he facilitate any of them? Nope, none of them to my mind. Nobody has any proof that he facilitated one single s*x party. And s*x parties are not illegal. You have a bunch of consenting adults doing sexual activities. It may not be the flavor of the month for everybody, but there’s nothing illegal about it."

The criminal attorney indicated that the entire Diddy trial was "fake" and "all about money." He ended his stance, claiming the rapper should have been charged with domestic violence and assault.

It is worth noting that there is alleged video evidence of Combs physically assaulting Cassie Ventura. When the footage went viral last year, the rapper publicly apologized in a video shared on social media. However, he was not formally charged with domestic violence or assault.

In addition, several women have accused Diddy of rape, p*dophilia, and sexual assault, though he is not currently facing any charges related to those allegations.


According to the latest reports, the jury has begun deliberations in Combs' trial. A verdict is awaited.