Sean Combs trial updates | Defense closes; deliberations set for Monday

The charge conference concluded Wednesday night after numerous adjustments to the language of the judge's instructions to the jury.

Some of the changes involved legal concepts and necessitated adding or subtracting sentences. Other tweaks, like one to make sure the word "government" is not capitalized in the written version of the instructions, defense attorney Alexandra Shapiro said could be accomplished with a simple "find and replace" function.

"We will incorporate these changes. There are a couple of issues I wanted to take a look at the authorities cited," Judge Arun Subramanian said.

The judge had noted at the outset, "This is the most people I've seen at a charging conference."

Sean Combs sat through a portion of it with his shoes off, his stockinged feet visible beneath the defense table.

Subramanian will read the jury charge once each side completes summations Friday.

The prosecution summation is expected to last about four hours. The defense summation is expected to last about three hours. The prosecution's rebuttal is expected to take about an hour.

The judge adjusted the schedule of closings at the request of the defense.

"We would prefer to start early on Friday morning," Shapiro said, adding that the defense was concerned the jury could be sleepy in the afternoon.

Prosecutor Maurene Comey objected.

"Our concern this is a move of gamesmanship more than anything else," Comey said.

She also noted the upcoming July 4 holiday, which the defense had previously cited as a concern.

The judge agreed to the defense adjustment.

Prosecutor Christy Slavik will deliver her closing statement Thursday. Court will then adjourn.

Defense attorney Mark Agnifilo will deliver his closing on Friday, followed by the government rebuttal and the judge's charge.

It's unclear whether there would be time to begin deliberations late Friday or whether those will start Monday.

Federal prosecutors, discussing with the defense and Judge Arun Subramanian what instructions will be given to the jury, have afforded jurors 10 possible predicate acts to find Sean Combs guilty of racketeering conspiracy. To convict, they must unanimously agree on two of these so-called predicate acts.

Two of the predicate acts involve kidnapping and two involve transportation for purposes of prostitution. There is also arson, bribery, witness tampering, forced labor, sex trafficking and distributing controlled substances.

Prosecutors on Wednesday pruned the kidnapping and arson predicates, but they remain viable options for the jury.

For example, the jury will still consider whether the pattern of racketeering activity involved kidnapping, aiding and abetting kidnapping or conspiracy to commit kidnapping. Prosecutors earlier Wednesday removed attempted kidnapping as a theory of liability. Similarly, the jury will consider whether the pattern of racketeering activity involved arson, aiding and abetting arson or conspiracy to commit arson but will no longer consider attempted arson.

Prosecutors will still include in closing arguments the testimony of rapper Kid Cudi, which related to arson, and testimony by Combs' former employee Capricorn Clark, which related to kidnapping.

Combs has pleaded not guilty to all charges.

Federal prosecutors are no longer including attempted kidnapping and attempted arson as underlying crimes in the alleged racketeering conspiracy charge against Sean Combs.

Prosecutors disclosed in a letter to Judge Arun Subramanian that they would "no longer proceed on these theories" when they deliberated closing arguments, which are scheduled to begin Thursday.

Instead, prosecutors signaled that they would push sex trafficking and forced labor as primary predicate acts that the jury could find to convict Combs of racketeering conspiracy.

Defense attorneys have argued that no evidence was presented directly tying Combs to the arson that damaged rapper Kid Cudi's Porsche. Defense attorneys also argued that the alleged kidnapping of Combs' former employee, Capricorn Clark, by Combs to confront Kid Cudi was far removed from the heart of the case.

Federal prosecutors did not elaborate on their decision in their letter.

Attorneys are scheduled to meet at noon today to discuss the judge's instructions to the jury.

Across six weeks of testimony in Sean "Diddy" Combs' sex-trafficking and racketeering trial, federal prosecutors called 34 witnesses, attempting to prove that the rap mogul embraced violence and threats to coerce women into sex and to protect his music empire.

In addition to hearing four days of testimony from star witness and former Combs girlfriend Cassie Ventura, who alleged that he subjected her to a decade of abuse, the jury also heard six days of testimony from a former Combs girlfriend who testified under the pseudonym "Jane." She told jurors that Combs provided her drugs and forced her to participate in the orgies - called "freak-offs" or "hotel nights"- for the three years of their relationship.

The jury also heard from witnesses who testified they saw Combs be violent toward Ventura, former Combs employees who the prosecution alleged helped him commit crimes, male escorts who testified that they were paid by Combs' associates to participate in sexual encounters, and federal agents who conducted searches of Combs' property and analyzed evidence.

Prosecutors called multiple witnesses who, they argued, corroborated Ventura's testimony, including a makeup artist and male escort who both testified about witnessing Combs' violence. Ventura's mother said she took out a home equity loan after Combs allegedly blackmailed her daughter, a loan Combs later repaid; rapper Kid Cudi testified that he was told Combs broke into his home and said he suspected that Combs coordinated the firebombing of his car in retaliation for his relationship with Ventura; and Kerry Morgan told jurors that she pleaded with her former best friend to leave what she said was a toxic and abusive relationship with Combs.

Click here for more on the federal witnesses who were called during the trial.