Federal prosecutors have filed a motion to exclude testimony from Conor McCourt, a former NYPD sergeant and forensic video analyst, whom Sean "Diddy" Combs' defense team intends to call as an expert witness. McCourt analyzed surveillance footage of an alleged 2016 assault involving Combs and concluded that the videos were distorted and not faithful representations of the events. The government contends that McCourt's testimony should be barred due to the defense's untimely and incomplete disclosure, which failed to meet the requirements set by Rule 16 of the Federal Rules of Criminal Procedure. Specifically, the defense did not provide a comprehensive summary of McCourt's opinions, his qualifications, or a list of prior cases where he testified as an expert, all of which were due by March 14, 2025. The government argues that this delay hindered its ability to prepare a rebuttal and prejudiced its case

Beyond procedural issues, prosecutors assert that McCourt's anticipated testimony lacks substantial probative value and could mislead the jury. They argue that his technical critiques—such as claims about video distortion and transcoding artifacts—are speculative and unlikely to assist jurors in understanding the evidence. Furthermore, the government warns that presenting McCourt as an expert may unduly influence the jury, giving his opinions more weight than warranted. They also note that McCourt's analysis includes videos not intended for presentation at trial, rendering parts of his testimony irrelevant. Consequently, the government urges the court to exclude McCourt's testimony entirely or, at the very least, limit it under Federal Rules of Evidence 403 and 702 to prevent confusion and ensure a fair trial.


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source:

gov.uscourts.nysd.628425.277.0.pdf

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