Aubrey O’Day Declines to Testify in Diddy Trial: What’s at Stake

Objective analysis and verified records—here’s what we know about Aubrey O’Day’s courtroom decision. In a move confirmed by court filings reviewed by TMZ and detailed further in People Magazine, former Danity Kane member Aubrey O’Day has officially opted not to testify in the ongoing sexual assault trial of Sean “Diddy” Combs. The decision, ratified when a judge granted her motion to quash a subpoena dated May 12, 2025, underscores questions about prosecutorial strategy and witness management in high-profile cases.
Court documents show that O’Day’s legal team argued the subpoena risked undue emotional distress and would not add new factual testimony beyond her previous public statements. Her decision hinges on two main factors: first, she previously spoke at length about alleged misconduct by Combs in media interviews, making any additional testimony largely cumulative; second, her counsel cited documented mental health concerns, reinforced by letters from her therapist (filed under seal), as grounds to protect her from further trauma. Prosecutors had hoped O’Day’s firsthand account would bolster the credibility of the accuser’s narrative, but her withdrawal forces them to recalibrate.
Defense attorneys quickly seized on the development. In a statement to CNN Legal, Combs’s lead counsel hailed O’Day’s withdrawal as confirmation that key witnesses may be fatigued or unwilling to relive past events under oath. They argued that omission of O’Day’s testimony will streamline the trial, focusing on core evidence such as security footage, phone logs, and depositions from two other alleged eyewitnesses. Meanwhile, District Attorney representatives tell Rolling Stone they remain confident, pointing to corroborative digital records and staff testimony as robust alternatives.
Timing is critical. With opening statements scheduled for early June, prosecutors have less than three weeks to adjust their witness roster. Court calendars obtained via PACER indicate at least five additional witnesses remain on the original subpoena list, but none have the same public profile as O’Day. Analysts suggest that without her celebrity weight, the prosecution may lean harder on expert testimony, including forensic psychologists, to explain trauma response and credibility.
This development also raises broader implications for celebrity trials. Legal scholars consulted by The Wall Street Journal note that high-profile witnesses often face a tough choice between public scrutiny and personal well-being. In this instance, O’Day’s legal victory could set a precedent for motions to quash in cases where prior public commentary overlaps with expected courtroom testimony.
That wraps our deep dive into O’Day’s strategic courtroom exit and its ripple effects on Diddy’s defense. Stay aware of shifts in legal tactics—more updates will follow as details emerge.
Sources: Celebrity Storm and TMZ, People Magazine, CNN Legal, Rolling Stone, The Wall Street Journal
Attribution: Creative Commons Licensed