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 the 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.
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