Diddy Moves To Exclude Rule 413 And 404 (b) Evidence From The Trial (Part 4)

In this 39-page motion filed on April 7, 2025, Sean Combs’ legal team asks the court to exclude any reference to alleged prior sexual assaults under Federal Rules of Evidence 413 and 404(b). They argue that Rule 413 only applies when a defendant is formally charged with a sexual assault offense, which Combs is not—his current charges involve racketeering, sex trafficking, and related crimes, but not specific counts of sexual assault. Therefore, they assert the government’s attempt to admit uncharged sexual assault allegations under Rule 413 is legally improper and violates the plain text and legislative intent of the rule.

Additionally, the motion challenges the admissibility of this evidence under Rule 404(b), which governs the use of prior bad acts to show motive, opportunity, or intent. Combs’ attorneys argue that the government’s notice is procedurally deficient and that the proposed evidence relies heavily on impermissible character inferences—essentially suggesting that because Combs allegedly committed bad acts before, he is more likely to have committed the crimes he’s charged with now. They also invoke Rule 403, saying the evidence has low probative value, is highly inflammatory, and would result in mini-trials over unrelated allegations, confusing the jury and unfairly prejudicing Combs. At minimum, the defense requests a preliminary hearing to assess the reliability of the evidence before it’s presented at trial.


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source:

gov.uscourts.nysd.628425.213.0.pdf

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