Ex-Federal Prosecutor Explains Why 'It Makes Sense for Diddy Not to Testify' (Exclusive)

With the prosecution set to rest its case against Sean “Diddy” Combs, a legal expert says it makes sense for the music mogul not to take the stand.

PEOPLE previously reported that Combs would not be testifying and his attorneys said they would not be calling any witnesses once the prosecution rests on Tuesday, June 23.

Former federal prosecutor Mark D. Chutkow tells PEOPLE it is the right decision.

“It would be a big gamble for Diddy to take the stand,” Chutkow says. “Even though the prosecution has introduced a mountain of evidence of bad acts by charging this case as a racketeering conspiracy, the prosecution would be able to pile on even more evidence of bad acts during cross-examination. So, it makes sense for Diddy not to testify.”

Chutkow also weighed in on the defense’s decision not to call any witnesses.

“[Their] decision not to call any witnesses will also allow his defense team to argue to the jury during closing that there was no need to take up any more of the jury’s time, because the defense already showed enough reasonable doubt during their cross-examination of the government’s witnesses,” Chutkow says. “It also allows the defense to remind the jury that Diddy has a presumption of innocence and the government always has the burden of proving his guilt, which it hasn’t done.”

A bad defense, Chutkow says, could potentially put Combs in an even worse position following several weeks of damaging testimony.

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“If Diddy were to put on a defense case and it fell flat, he might put himself in a worse position,” he says. “Oftentimes, ‘less is more’ when you’re defending a client in a criminal trial. And it’s safer for the defense to read stipulated evidence into the record, such as prior electronic communications between Diddy and the alleged victims. Such stipulated evidence can’t be cross-examined and it minimizes the chance that the prosecution will put on a rebuttal case.”

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Additionally, former federal prosecutor and legal analyst Neama Rahmani told PEOPLE in May that it would be a dangerous move to have Combs take the stand. Testifying would subject Combs to cross-examination and make his words admissible in more than 60 pending civil cases.

Jurors could begin deliberating as early as Friday, June 27, with closing arguments now expected Thursday.

Combs is charged with sex trafficking, racketeering and transportation to engage in prostitution. He has pleaded not guilty.

If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.