By MICHAEL R. SISAK and LARRY NEUMEISTER Associated Press
NEW YORK (AP) — Jury deliberations got underway on Monday in Sean “Diddy” Combs’ federal sex trafficking trial and hit a snag almost as soon as they started. But, by the end of the day, jurors indicated they were making progress weighing complex charges that could put the hip-hop mogul in prison for life.
The first day of deliberations saw a flurry of notes from the jury and Combs and his supporters bowing their heads in prayer in the courtroom — but no verdict.
The jury of eight men and four women are sifting through seven weeks of sometimes graphic and emotional testimony about the rap, fashion and reality TV impresario ’s propensity for violence and his sexual predilections, including drug-fueled sex marathons dubbed “ freak-offs ” or “hotel nights.”
About an hour in, the foreperson reported that a juror might be having trouble following the 61 pages worth of instructions the judge had just read to them.
“We are concerned (the juror) cannot follow your honor’s instructions,” the foreperson said in a note to Judge Arun Subramanian just after 12:30 p.m.
After the judge originally proposed asking the jury foreperson the nature of concerns about the fellow juror, defense lawyer Marc Agnifilo suggested caution and that it was better to say less than more.
“We can always ratchet it up. We can’t ratchet it down,” Agnifilo said.
Subramanian sent his response to the jury around 2 p.m., reminding the panel to deliberate and to follow his instructions on the law.
The jury sent another note about three hours later asking for clarification on the part of the instructions addressing drug distribution — an allegation included in Combs’ racketeering conspiracy charge.
As deliberations were happening, Combs prayed with his family and friends in the courtroom. Wearing his customary sweater and khakis, he stood facing his contingent in the audience and bowed his head with them. As they finished, they applauded, along with Combs.
Combs also showed off two books he’s reading: “The Power of Positive Thinking,” by Norman Vincent Peale and “The Happiness Advantage,” by Shawn Achor.
As he sent the jury to deliberate, Subramanian told the five alternate jurors to remain on standby at home in case they’re needed at a later point.
Jurors were provided with a laptop loaded with all of the exhibits shown in court, including text messages, photographs and videos of the sexual encounters at the heart of the case.
Combs, 55, has pleaded not guilty to federal charges of racketeering conspiracy, two counts of sex trafficking — relating to two of his ex-girlfriends — and two counts of transportation to engage in prostitution for allegedly arranging to fly his girlfriends and sex workers across state lines.
In closing arguments last week, federal prosecutors and Combs’ defense team took their last shots at convincing jurors to convict or acquit the Grammy Award-winning founder of Bad Boy Records.
“The defendant used power, violence and fear to get what he wanted,” Assistant U.S. Attorney Christy Slavik said. “He thought that his fame, wealth and power put him above the law.”
She said that he used his “close inner circle and a small army of personal staff, who made it their mission to meet the defendant’s every desire, promote his power and protect his reputation at all costs.”
Defense lawyer Marc Agnifilo countered, “This isn’t about crime. It’s about money.” He noted that one of Combs’ accusers in the criminal case also sued him in civil court.
“He is not a racketeer. He is not a conspirator to commit racketeering. He is none of these things. He is innocent. He sits there innocent. Return him to his family, who have been waiting for him,” the lawyer told jurors.
In all, 34 witnesses testified, headlined by Combs’ former girlfriends Cassie — the R&B singer born Casandra Ventura — and “ Jane,” who testified under a pseudonym. Both women said he often was violent toward them. Cassie said he forced her into hundreds of sexual encounters with paid male sex workers while Jane recounted numerous “hotel nights.”
Jurors also saw now-infamous security camera video of Combs beating, kicking and dragging Cassie at a Los Angeles hotel in 2016 and clips from videos of sexual encounters.
Combs chose not to testify, and his lawyers didn’t call any witnesses in their defense case. His attorneys elected instead to challenge the accusers’ credibility during lengthy cross-examination questioning.
The defense has acknowledged that Combs veered into violence, but his lawyers maintain that the sex acts were consensual. They contend that prosecutors are intruding in Combs’ personal life and that he’s done nothing to warrant the charges against him.