Sean “Diddy” Combs reportedly wants to testify at the trial in the sex trafficking case recently filed against him by federal prosecutors in New York.
That might be a bad idea, but it is a choice that every criminal suspect has. It is indeed their right, as a judge would advise them at trial when the time comes to make that decision officially.
But whether it is useful to testify can only be determined on a case-by-case basis. In general, taking a stand in a criminal case is a risky endeavor that can make attorneys nervous.
“I don’t know if I can keep him off the stand,” Combs’ attorney Marc Agnifilo told TMZ, adding that the hip-hop mogul “really wants to tell his story.”
It’s an understandable sentiment. A person accused of a crime will naturally want to explain why he is not guilty, or add details that he believes are missing from the prosecutor’s presentation.
But the stories told in trials are guided by specific legal rules, and it’s up to judges to decide what juries hear.
With that in mind, it could be premature for Combs — who is presumed innocent and has pleaded not guilty — to make a fully informed decision about whether he will testify at a trial that could last months at the very least, if it would ever happen. Most cases are resolved through plea bargains.
To make that crucial decision, a suspect would first want to see what evidence the prosecutor presents to the jury; Against that background, a lawyer would probably advise his client anyway. And Combs’ cross-examination could do more harm than good to the defense, given the government’s allegations of violence, the generally depraved nature of the crimes charged, and any evidence against Combs beyond what is alleged in the indictment that prosecutors might pressure him. an attempt to damage the suspect’s credibility in the eyes of the jury.
No matter how bad the prosecutor makes the suspect look during the presentation of the evidence, the suspect could end up looking even worse after his testimony.
As much as Combs would like to continue testifying if the case goes to trial — which won’t happen anytime soon if it ever does — his defense counsel’s willingness to let the client testify could disappear during the government’s presentation of the case. at that point, the question would be whether they can convince Combs that it is in his best interest to stay off the stands.
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This article was originally published on MSNBC.com
