
As Sean “Diddy” Combs’ May 5 sex trafficking trial looms, prosecutors are fighting to block testimony about his mental capacity while his defense prepares a controversial “swingers lifestyle” strategy.
At a Glance
- Prosecutors seek to exclude expert testimony on Combs’ diminished mental capacity, claiming his defense missed the February 2025 deadline for such motions
- Judge has approved a “swingers” defense strategy, allowing Combs to argue his actions were part of a common lifestyle rather than criminal conduct
- New charges added in April 2024 expand accusations to include sex trafficking and transporting sex workers from 2021-2024
- Combs faces serious charges including racketeering conspiracy and sex trafficking by force, fraud, or coercion
- Trial begins May 5 with Combs maintaining his innocence against all charges
Mental Capacity Defense Under Fire
Federal prosecutors have moved to block Sean “Diddy” Combs from presenting expert testimony about his mental state during his upcoming sex trafficking trial. The government filed documents arguing that Combs’ legal team failed to provide timely notice about Dr. Elie Aoun’s testimony, missing the pretrial motion deadline of February 17, 2025. The prosecution claims this late submission violates court protocols and should be rejected outright.
In court filings, prosecutors assert that Dr. Aoun’s testimony would violate the Insanity Defense Reform Act of 1985, which places strict limitations on mental capacity evidence in federal cases. They further argue the testimony constitutes “impermissible hearsay” since Dr. Aoun never personally examined Combs, raising questions about the reliability and admissibility of his professional opinions under the Federal Rules of Evidence.
Diddy's claims of 'diminished' mental capacity take center stage days before sex trafficking trial https://t.co/2XGXnxd1LS
— Fox News (@FoxNews) April 28, 2025
“Swingers Lifestyle” Defense Strategy
In a significant pretrial victory, Combs’ legal team received approval from Judge Arun Subramanian to pursue what’s being called a “swingers” defense. This strategy suggests Combs believed his actions were appropriate because they were common in certain lifestyles. Defense attorney Marc Agnifilo will argue that what prosecutors characterize as criminal conduct was actually consensual behavior among adults participating in an alternative lifestyle.
The judge has placed certain restrictions on this defense approach, however, prohibiting the naming of other high-profile individuals as examples of participants in this lifestyle. This ruling prevents the defense from potentially distracting the jury with celebrity comparisons while still allowing them to contextualize Combs’ alleged behavior within broader social frameworks of consensual adult relationships.
Diddy's legal team plans to bring up the embattled music mogul's mental capacity as a defense during his sex trafficking trial, TMZ reports.
Sean "Diddy" Combs' sex trafficking trial starts next month. On Monday (April 28), TMZ reported the Bad Boy Entertainment founder's… pic.twitter.com/3LqtiDvGwY
— XXL Magazine (@XXL) April 28, 2025
Expanded Charges and Serious Allegations
The case against Combs has grown substantially since his initial arrest. In April 2024, prosecutors added new charges accusing him of sex trafficking a female victim and transporting sex workers across state lines between 2021 and 2024. These additions expand the timeline of alleged criminal conduct and increase the severity of the case against the music mogul and business entrepreneur.
The government’s case centers on accusations that Combs ran a criminal enterprise through his businesses, using coercion, threats, and abuse to fulfill his sexual desires. The formal charges include racketeering conspiracy, sex trafficking by force, fraud, or coercion, and transportation for prostitution. These federal charges carry potential decades-long prison sentences if Combs is convicted at trial.
Trial Countdown
With the May 5 trial date rapidly approaching, both legal teams are finalizing their strategies and arguments. Combs continues to maintain his innocence against all charges. The prosecution is working to present a coherent narrative of organized criminal activity while the defense prepares to challenge these characterizations by presenting alternative explanations for the behaviors in question.
The outcome of these pretrial motions regarding mental capacity evidence will significantly shape the trial proceedings. Judge Subramanian must now decide whether to allow Dr. Aoun’s testimony about Combs’ mental state or side with prosecutors who view this as an improper last-minute defense tactic. This ruling could substantially impact how jurors evaluate Combs’ intent and understanding when considering the alleged criminal conduct.