Legal expert explains whether an NDA would prevent Cassie Ventura from testifying against Diddy

Legal expert explains whether an NDA would prevent Cassie Ventura from testifying against Diddy
If called to testify, Cassie Ventura’s account could deliver a critical blow to Sean 'Diddy' Combs’ defense (Getty Images)

LOS ANGELES, CALIFORNIA: Music mogul Sean "Diddy" Combs has found himself embroiled in a series of federal sex crime charges that could potentially land him in prison for the rest of his life.

And while the allegations against him are already serious, one name keeps coming up as a possible game-changer: his ex-girlfriend, Cassie (born Casandra Ventura). Legal experts are saying she could deliver a damning testimony if called to the stand during Diddy's trial.

The charges against Diddy

The Bad Boy Records founder now faces some severe charges. He has been indicted on accusations of racketeering conspiracy, sex trafficking by force, fraud or coercion, and transportation for prostitution. The indictment was unsealed on September 17.

Interestingly, Diddy was already facing a lawsuit from Cassie prior to the federal indictment. In November last year, she filed a lawsuit accusing him of a series of disturbing acts. Among her allegations were claims that Diddy forced her to engage in “freak-offs” with male sex workers.

Moreover, Cassie also said that Diddy had physically assaulted her in a Los Angeles hotel room in 2016. That incident is also referenced in the charges against him.

While the lawsuit was settled the day after it was filed, many questions linger. Was a non-disclosure agreement (NDA) part of the settlement? And if so, could that NDA prevent Cassie from testifying at Diddy’s upcoming trial?

HOLLYWOOD, CA - MARCH 07: Sean Combs and Cassie Ventura attend the premiere of
Sean Combs and Cassie Ventura attend the premiere of 'The Perfect Match' at ArcLight Hollywood on March 7, 2016 in Hollywood, California. (Photo by Jason LaVeris/FilmMagic)

Can Cassie Ventura still testify?

Former federal prosecutor Neama Rahmani, who now serves as president of West Coast Trial Lawyers, believes Cassie could still be a crucial witness. Speaking to People, Rahmani emphasized that if Cassie is subpoenaed, she can’t refuse to testify - even if an NDA was in place.

“An NDA can’t prevent you from testifying pursuant to a lawfully issued subpoena,” Rahmani explained. “And NDAs are not enforceable in sexual assault or sexual harassment cases.”

This means that if the prosecution calls Cassie to the stand, she would have no legal barriers stopping her from giving testimony. And according to Rahmani, her words could be devastating for Diddy. “She’s without question the best and most effective and likely the most damaging of all the witnesses against Diddy,” he stated.

Things took another twist when, just months after Cassie’s lawsuit was settled, security camera footage from the 2016 hotel incident surfaced online. The video appeared to back up many of the claims Cassie had made against Diddy.

In the footage, Ventura can be seen walking out of a hotel room and heading toward an elevator, with Diddy following closely behind. What happens next is chilling: Diddy grabs Cassie by the neck and throws her to the ground. After this, he kicks her, grabs her purse and suitcase, and drags her back toward the hotel room.

At one point, he throws an object at her while sitting in a nearby chair.



 

In response to the public outcry after the video leaked, Diddy took to social media to issue an apology.

"It's so difficult to reflect on the darkest times in your life," he said. "Sometimes you gotta do that. I was f---ed up. I mean I hit rock bottom but I make no excuses. My behavior on that video is inexcusable." He continued, "I take full responsibility for my actions in that video."

Diddy went on to express remorse for his behavior. "Disgusted. I was disgusted then when I did it, I'm disgusted now. I went and I sought out professional help, going to therapy, going to rehab. I had to ask God for his mercy and grace. I'm so sorry, but I'm committed to being a better man. Each and every day," he added.



 

Cassie Ventura reported another assault incident

The video’s release only adds credibility to Cassie’s already chilling allegations, which she detailed in her now-settled lawsuit. According to her lawyers, a disturbingly similar incident took place in 2016 at the InterContinental Hotel in Los Angeles. Cassie described Diddy as being "extremely intoxicated" before he punched her in the face, giving her a black eye.

"After he fell asleep, Ms. Ventura tried to leave the hotel room, but as she exited, Mr. Combs awoke and began screaming at Ms. Ventura," the lawsuit states. "He followed her into the hallway of the hotel while yelling at her. He grabbed at her, and then took glass vases in the hallway and threw them at her, causing glass to crash around them as she ran to the elevator to escape."

Despite the chaos, Cassie somehow made it to the elevator and escaped to her apartment via a taxi.

LOS ANGELES, CA - MAY 03:  Music artist Cassie Ventura attends the VH1's 3rd Annual
Music artist Cassie Ventura attends the VH1's 3rd Annual "Dear Mama: A Love Letter To Moms" - Cocktail Reception at The Theatre at Ace Hotel on May 3, 2018 in Los Angeles, California (Photo by Leon Bennett/Getty Images)

If called to testify, Cassie’s account — combined with the corroborating video evidence — could be the final nail in the coffin for Diddy’s defense.

As Rahmani told People: “Her lawsuit is corroborated by video evidence. She’s without question the best and most effective and likely the most damaging of all the witnesses against Diddy.”

Diddy has pleaded not guilty to all charges and is currently being held without bail at a federal facility in Brooklyn. Prosecutors argued that he poses a flight risk and may attempt to tamper with witnesses.

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