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Prosecutors in Sean ‘Diddy’ Combs case no longer pursuing attempted arson and attempted kidnapping theories

<i>Jane Rosenberg/Reuters via CNN Newsource</i><br/>Sean
Jane Rosenberg/Reuters via CNN Newsource
Sean "Diddy" Combs and his defense lawyer Marc Agnifilo during Combs' sex trafficking trial in New York City on June 24 in this courtroom sketch.

By Kara Scannell, CNN

(CNN) — Prosecutors in the Sean “Diddy” Combs sex trafficking and racketeering case informed the judge they will no longer pursue theories that the hip-hop mogul was involved in attempted arson and attempted kidnapping, according to a letter submitted to the court.

Those two alleged acts were included in the government’s racketeering conspiracy charge, which is count one in the indictment against Combs.

“The Government is no longer planning to proceed on these theories of liability, so instructions are no longer necessary,” prosecutors wrote in the letter to Judge Arun Subramanian.

Attorneys are meeting with Judge Subramanian Wednesday afternoon to discuss jury instructions.

The indictment alleges Combs engaged in a racketeering conspiracy that includes transportation for purposes of prostitution, witness tampering, bribery, forced labor, and drug-related offenses. It also includes arson, aiding and abetting arson and conspiracy to commit arson under California law and kidnapping, aiding and abetting kidnapping, and conspiracy under New York and California law.

To find Combs guilty, the jury needs to be unanimous on at least two of those acts.

Kid Cudi, the hip-hop artist whose real name is Scott Mescudi, testified that Combs broke into his home after learning of his relationship with Ventura. Soon after, Mescudi’s Porsche was set on fire in his driveway.

Mescudi testified that Combs told him he didn’t know anything about his car fire, but Mescudi said he thought Combs was lying.

No one was charged with arson in the incident.

Combs’ former assistant Capricorn Clark testified she was kidnapped by Combs, who had a gun, and driven to Mescudi’s home as Combs allegedly entered his house.

She also testified that she called Ventura to warn Mescudi.

Closing arguments in the trial are set to begin on Thursday. Prosecutors rested their case Tuesday after calling 34 witnesses. The defense rested its case without calling any witnesses. Combs chose not to testify in his defense.

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