Echoes of NXIVM: Will the "Diddy" Combs Defense Mirror a Sex-Trafficking Case Past?
The specter of Keith Raniere’s NXIVM trial looms large over the impending legal battle facing Sean "Diddy" Combs. The parallels are unsettling: allegations of coercing women into sexual acts, a close-knit inner circle profiting from the exploitation of victims, and the imposition of sleep deprivation. These accusations, leveled against Combs as his sex-trafficking trial approaches, resonate eerily with the charges that led to Raniere’s conviction in 2019.
A crucial link between these seemingly disparate cases is Marc Agnifilo, the defense attorney who represented both Raniere and now stands poised to defend Combs. Agnifilo’s history is multifaceted. He once served as a federal prosecutor, instrumental in expanding the reach of the Racketeer Influenced and Corrupt Organizations Act (RICO) – a law originally designed to dismantle the mafia – to encompass street gangs. Ironically, Agnifilo now faces the challenge of defending Combs against RICO charges, which allege a criminal enterprise involving kidnapping, forced labor, and sex trafficking.
Agnifilo’s silence on his specific defense strategy for Combs leaves observers to glean insights from his previous handling of the Raniere case. HBO’s "The Vow," a documentary series that chronicled Agnifilo’s involvement in the NXIVM trial, offers potential clues. Beyond these high-profile cases, Agnifilo’s legal repertoire includes representing individuals like accused UnitedHealthcare CEO-killer Luigi Mangione, former pharmaceutical CEO Martin Shkreli, and ex-International Monetary Fund chief Dominique Strauss-Kahn.
The prosecution’s case against Combs hinges on proving that he knowingly subjected his alleged victims to sexual activities within "freak off" parties through force, fraud, and coercion. This element of intent – Combs’ awareness and belief in the women’s free consent – is paramount. In the Raniere trial, Agnifilo confronted this issue head-on, portraying Raniere as a man with an unconventional sexual lifestyle but one who always acted in good faith. Agnifilo declared his intent to defend Raniere’s intentions and good faith, acknowledging the need not to defend everything but to firmly establish Raniere’s motives.
Agnifilo has already hinted at a similar strategy for Combs. During a pre-trial hearing, he alluded to an "alternative sexual lifestyle" – possibly involving swingers – to which Combs belonged. Describing this lifestyle to the jury, Agnifilo argued, is crucial to demonstrating that Combs lacked the necessary intent to be found guilty.
Furthermore, Agnifilo adopted a strategy of humanizing Raniere throughout the trial, emphasizing his belief in the good of NXIVM and its purported benefits for its members. This approach aligns with Agnifilo’s broader courtroom persona, as described by Mitchell Epner, a former federal prosecutor who worked alongside Agnifilo. Epner characterizes Agnifilo’s style as projecting personal investment in his client, leveraging his likability and charisma to create a "halo effect" that positively influences the jury’s perception of the defendant.
However, Agnifilo recognized a critical vulnerability in the Raniere defense: evidence of morally reprehensible conduct, particularly involving minors. The presence of sexual images of someone believed to be underage, while directly relevant only to charges of sexually exploiting a child, was perceived by Agnifilo as damaging the entire defense. The allegations of underage sex and pornography, he believed, undermined Raniere’s credibility and rendered his perspective irrelevant.
Combs faces a similar challenge with a video appearing to show him assaulting his ex-girlfriend, Cassie Ventura, in a hotel hallway. The court’s decision to allow prosecutors to present this video at trial, despite defense objections, presents a significant hurdle for Agnifilo. His experience in the Raniere trial likely prompts careful consideration of how to confront such damaging evidence. The defense has hinted at the possibility that the video was doctored, an allegation CNN, which made the video public, denies.
Agnifilo’s experience with the Raniere case could also influence jury selection. Jury consultant Robert Hirschhorn suggests that the defense might concede domestic violence but argue against the overreach of sex-trafficking charges. Hirschhorn advocates for identifying potential jurors who can compartmentalize morally troubling evidence, such as infidelity, to assess their ability to remain impartial.
Another tactic employed by Agnifilo in the Raniere trial involved turning the alleged victims’ own words against them. He questioned the sincerity of their claims of coercion by highlighting their communication with Raniere. This strategy aimed to expose inconsistencies in their testimony and reveal the true nature of their relationships with Raniere. Agnifilo pointed to text messages and statements from witnesses, questioning their claims of coercion by showcasing their expressions of love and willingness to follow Raniere’s instructions.
Agnifilo is familiar with the power of an alleged victim’s statements, having witnessed the dismissal of a sexual assault case against his client, Dominique Strauss-Kahn, due to prosecutors’ concerns about the accuser’s credibility. Similar to the Raniere case, Combs’ prosecution involves allegations that he relied on others within his alleged enterprise to monitor women and prevent them from leaving. Prosecutors plan to present expert testimony from a psychologist to explain why victims might remain in abusive relationships.
In the Raniere case, Agnifilo sought to introduce witnesses who could testify about their positive experiences within DOS, an organization within NXIVM that prosecutors alleged was used to traffic women. Agnifilo believed that hearing firsthand accounts from DOS members would set the record straight and counter the prosecution’s narrative. However, this strategy ultimately failed as potential witnesses became reluctant to testify in court.
Agnifilo will likely hope that witnesses for Combs will remain steadfast despite potentially damaging testimony and evidence presented by the prosecution. The defense team and prosecutors have already engaged in legal arguments regarding the admissibility of certain types of testimony.
Despite Agnifilo’s efforts, Raniere was found guilty on all charges. Combs’ decision to reject a plea offer may indicate Agnifilo’s optimism for a more favorable outcome this time. Agnifilo’s past statement – that a guilty client should cut a deal – contrasts with the current situation, where Combs is preparing for trial. Raniere’s sentencing to 120 years in prison underscores the high stakes of these types of cases.
The looming trial of Sean "Diddy" Combs carries echoes of the NXIVM case, with Marc Agnifilo once again at the helm of the defense. Whether Agnifilo can successfully adapt his strategies and navigate the challenges presented by the evidence against Combs remains to be seen. The similarities between the two cases, however, provide a framework for understanding the potential avenues of defense and the hurdles that Agnifilo must overcome.
