Sean 'Diddy' Combs trial updates: Jury reaches partial verdict, judge won't accept it
This story may contain accounts and descriptions of actual or alleged events that some readers may find disturbing. Read ongoing updates in the trial of Sean "Diddy" Combs. Jul 1, 4:49 PMNo verdict being read, judge will instruct jury to keep deliberating Judge Arun Subramanian said he will not take a partial verdict.Once the lawyers work out the language, the judge will call the jurors into the courtroom and instruct them to keep deliberating.Both sides asked the judge to do this, and the judge agreed.No verdict is being read now.It is not yet clear whether jurors will continue deliberating tonight or whether they will opt to go home for the day. Jul 1, 4:37 PMJury reaches partial verdict The jury has reached a partial verdict in the trial of Sean "Diddy" Combs.The jury has reached a verdict on counts 2, 3, 4, 5, which are: Sex Trafficking by Force, Fraud, or Coercion (for one victim); Transportation to Engage in Prostitution (for one victim); Sex Trafficking by Force, Fraud, or Coercion (for a second victim); and Transportation to Engage in Prostitution (for a second victim).The note said they are unable to reach a verdict on the racketeering conspiracy count.At the consent of both sides, the judge said he plans to instruct the jury to continue deliberating. They are now debating the next steps.According to the note from the jury, there are "unpersuadable opinions" on both sides related to the racketeering conspiracy count. Jul 1, 4:24 PMJury sends a sixth note to the court The jury has sent a new note to the judge.This is their sixth note since deliberations began Monday, including the first note in which they selected a foreperson. The defense attorneys and prosecutors have reconvened in the courtroom. Jul 1, 2:13 PMJury receives requested testimony transcript after roughly three hours of court discussion About three hours after they asked for testimony from star witness Cassie Ventura and male escort Daniel Phillip, the jury in Sean Combs sex trafficking trial received the transcripts they requested.The delay was caused in part because of a dispute between the lawyers about how much of the testimony to include.Defense lawyers wanted to add more – including testimony about the Ventura's $10 million settlement with the Los Angeles InterContinental Hotel – while prosecutors advocated to send a narrower portion of the transcript. After Judge Arun Subramanian suggested sending the jury the entirety of Ventura's testimony – prompting Combs to visibly shake his head at his lawyer – defense lawyers relented and agreed to send a shorter portion of the transcript. Overall, the testimony the jury requested focuses on three instances that prosecutors highlighted as examples of Combs' alleged sex trafficking of Ventura.First, the jury requested Ventura's testimony about being assaulted by Combs at the InterContinental Hotel in Los Angeles. She testified that she tried to leave a so-called "freak-off" sexual encounter after Combs gave her a black eye.The jury also requested testimony given by Ventura and Phillip about an alleged instance in which Combs became violent with Ventura at a New York hotel during a "freak-off."The last portion of testimony requested by the jury focused on a time when Ventura traveled with Combs overseas to attend the Cannes Film Festival in France. Jul 1, 12:23 PMParties continue to discuss transcripts to be provided to the jury The parties are still debating which portions of the requested testimony transcripts from Cassie Ventura and male escort Daniel Phillip will be provided to the jury. Jul 1, 11:54 AMJury asks for testimony transcripts from Cassie Ventura and male escort Daniel Phillip The jury sent its fifth note to Judge Arun Subramanian about an hour and 15 minutes into its first full day of deliberations.The note was a request to to review the transcripts of Cassie Ventura's testimony about the March 5, 2016 Los Angeles InterContinental Hotel incident in which Sean Combs was caught on security camera surveillance video physically attacking her.The jury also asked for her testimony about a trip Ventura took with Combs to the Cannes Film Festival in France. Ventura testified that on the flight home, Combs showed her videos of her having sex during so-called "freak-off" encounters.Ventura told the jury that she thought Combs "was going to embarrass me and release them." The jury also asked for a portion of Ventura's testimony about "freak-offs" with Daniel Phillip, a male escort who was also a prosecution witness.The jury further asked for Phillip's testimony regarding an alleged "freak-off" at the Essex Hotel in New York. Phillip testified he saw Ventura "completely passed out" and "slumped over" at that time.The lawyers are working through which portions of the transcript to send back to the jury room. Jul 1, 11:15 AMLawyers continue to discuss latest jury note For the last 30 minutes, the lawyers have been hunched over their laptops in the courtroom following the latest, as-yet unspecified note from the jury. Combs is on a laptop with one of his lawyers.The judge and jury have not yet entered the room. Jul 1, 10:31 AMJury sends another note to court The jury has sent back a note.This is the jury's fifth note since deliberations began Monday, including the first note that named the foreperson. Jul 1, 9:49 AMJudge to answer jury question about drug distribution by referencing jury instruction U.S. District Judge Arun Subramanian said he plans to answer the jury's question from yesterday about narcotics distribution by referring them to a section of their legal instructions."The word 'distribution' means actual, constructive, or attempted transfer. To distribute simply means to deliver, to pass over, or to hand over something to another person, or to cause it to be delivered, passed on, or handed over to another. Distribution does not require a sale," the instructions state.In their third note yesterday, the jury asked, "If a recipient wants, requests, or asks for controlled substances, and an individual hands over controlled substances to the requester, has the individual who hands over the controlled substances distributed?"Defense attorney Marc Agnifilo objected to the judge's instruction, saying he doesn't "believe it goes far enough" to answer the jury's question."The court is about to make something that amounts to a mistake," he argued. "Can I give your honor an example?""No," Judge Subramanian replied. "Can you do what I am asking?"Subramanian denied the defense's request to modify the language in the response, saying it would "confuse" the jury further."This is an attempt to mislead the jury," prosecutor Maurene Comey argued.Combs stroked his chin and looked directly at the judge while the argument played out. When the judge denied his lawyer's request, he stared at Agnifilo.The structure of the verdict form instructs jurors to only consider the drug offenses and other underlying crimes "if and only if" they find Combs guilty of the racketeering conspiracy. Jul 1, 8:23 AMFirst full day of deliberations today Jurors in the trial of Sean Combs return to Manhattan federal court today for their first full day of deliberations after sending several notes to the judge on Monday.Little more than an hour into deliberations, jurors sent a note to Judge Arun Subramanian that said they were concerned that one of them, Juror #25, "cannot follow your honor's instructions." The note didn't say what led the other jurors to raise concerns. The judge sent back his own note reminding the jury that they have a "duty to deliberate" and an "obligation to follow my instructions on the law."Then several hours later, the jury sent another a note asking for clarity about the drug allegations that underpin the racketeering conspiracy charge."If a recipient wants, requests, or asks for controlled substances, and an individual hands over controlled substances to the requester, has the individual who hands over the controlled substances distributed?" the note said.The note specifically referenced page 36 of the jury instructions, which reads: "The elements of distributing or possessing with intent to distribute a controlled substance are: 1. The conspirator distributed a controlled substance, or possessed a controlled substance with intent to distribute it; 2. The conspirator did so knowingly and intentionally; and 3. The substance was in fact a controlled substance."The verdict form instructed jurors to consider the drug offenses and the other racketeering predicates "if and only if" they find Combs guilty of racketeering conspiracy.Prosecutor Maurene Comey argued that the judge should tell the jury that someone asking for drugs does not have an impact on how the jury should view the allegations. Whether or not the drugs were requested, she argued, does not change that the actions amount to illegal distribution of a controlled substance. Comey had previously argued that the jury can convict Combs for racketeering conspiracy based on two instances of narcotics distribution alone."There is clearly some misunderstanding about what the recipient thought or did. It doesn't," Comey told the judge.Combs' attorneys requested more time to consider how to respond to the question.Judge Subramanian brought the jury back into the courtroom, thanked them for their service and reminded them to avoid any news about the case. He also told them that they would have an answer to their question about narcotics distribution by Tuesday morning.There have been about five-and-a-half hours of deliberations so far. Jurors were instructed on Monday to arrive at court Tuesday and go straight to the jury room to resume their deliberations at 9 a.m. Subramanian will convene the attorneys this morning to discuss his response to the jury's question about the drug allegations. Click here to read the rest of the blog.
Sean 'Diddy' Combs trial updates: Jury reaches partial verdict, judge won't accept it This story may contain accounts and descri...