Diddy Trial: Jury Asks Judge For Clarity On Racketeering Charge As Deliberations Continue Into Day 2 – 1v1 Video Chat & LIve Streaming & Influencer Subscription

By Amy Sussman Conor Murray Forbes Staff

The jury deliberating whether Sean “Diddy” Combs is guilty of racketeering and sex trafficking sent a note to the judge seeking clarity on the racketeering charge, the jury’s second question after it told the judge one of the jurors may not be able to follow instructions.

The jury in the criminal case against Diddy began deliberating Monday. (Photo by Amy Sussman/Getty … More Images for MRC)
Getty Images for MRC

The jury asked Judge Arun Subramanian late Monday afternoon, the first day of deliberations, for clarity on whether it is considered drug distribution if a person who is asked for controlled substances provides them to that person, CNN reported.

Drug distribution is one of the alleged acts jurors are being asked to consider when deciding whether Combs is guilty of the racketeering charge, alongside bribery, forced labor, kidnapping, arson and sex trafficking, according to the jury’s verdict sheet.

Subramanian said Tuesday morning he would refer the jury to language in its instructions about drug distribution: “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 jury will return to deliberations Tuesday, after it deliberated for more than five hours on Monday.

Why Did The Jury Raise Concerns Over Juror No. 25?

Quickly after deliberations began Monday, the jury gave Subramanian a note that said: “We have a juror, No. 25, who we are concerned cannot follow your honor’s instructions.” Subramanian returned a note to the jury reminding “every juror of their duty to deliberate and their obligation to follow my instruction on the law,” urging them to continue deliberating. Mark Zauderer, a veteran trial and appellate lawyer, told Forbes jury questions are not uncommon and that the problem may blow over if the jury moves on and does not request any more intervention from the judge.

When Could The Jury Return A Verdict—and Will Diddy Be Convicted?

It’s unclear, as the jury will deliberate as long as it needs to reach a verdict. Subramanian has previously said he wanted to wrap up the trial, which began in May, by the July 4 weekend. Legal analysts previously told Forbes the prosecution presented a strong case against Combs, but it is impossible to know what a jury will decide. Zauderer said he believes Combs is more likely to be convicted than acquitted, but noted such a verdict may depend on whether the jury believes prosecutors sufficiently proved Combs ran a “criminal enterprise,” which would satisfy the racketeering charge. Former federal prosecutor Mark Chutkow also said the prosecution made a “very compelling case,” noting the prosecution’s emphasis on surveillance video depicting Combs attacking his ex-girlfriend and a key witness in the case, Cassie Ventura, in a Los Angeles hotel. Chutkow said, however, a jury may feel the video depicts domestic violence, which he is not charged with, instead of sex trafficking or racketeering. Chutkow also said it is possible the trial could end with a hung jury, meaning not all jurors agree on a verdict.

What Is Combs Charged With?

Combs faces five federal charges: two counts of sex trafficking, two counts of transportation to engage in prostitution and one count of racketeering conspiracy. He pleaded not guilty to all charges. Throughout the trial, the government has called high-profile victims to testify, including Ventura, considered a key witness for both the racketeering and sex trafficking charges. She testified Combs coerced her into “freak-off” sex performances throughout their decade-long relationship, which she said his employees assisted in producing, which some legal experts said could be evidence of Combs operating a criminal enterprise. Rapper Kid Cudi also testified Combs broke into his home and said he believed Combs was involved with setting his car on fire after he discovered Kid Cudi and Ventura were dating. Other alleged sex trafficking victims central to the prosecution’s case testified under the pseudonyms “Jane” and “Mia.”