Diddy Trial: Legal Experts Say Partial Verdict Could Be A Bad Thing For Sean Combs

Forbes

3 days ago

Jurors deadlocking on Sean 'Diddy' Combs' federal racketeering charge, considered a more complex charge to prove than the other four counts, could suggest at least some of the four verdicts they have already returned could be convictions, legal experts told Forbes after the jury in Combs' trial reached a partial verdict.
The jury in Sean "Diddy" Combs' federal trial returned a partial verdict on Tuesday. (Photo by Paras ...) Getty Images
The jury returned a partial verdict Tuesday afternoon, reaching unanimity on four of the federal charges against Combs—two counts of sex trafficking and two counts of transportation to engage in prostitution—and legal experts said it appears likely the jury returned a guilty verdict on those four counts.
Former federal prosecutor Mark Chutkow told Forbes at least some of the jurors favoring conviction on the racketeering charge 'might suggest at least some of, if not most of the other charges are convictions,' because the sex trafficking and transportation charges are 'more straightforward and less complex for the jurors to consider' and easier for prosecutors to prove.
Proving the racketeering charge requires the jury to believe Combs engaged in some sort of agreement or conspiracy to run a criminal enterprise, veteran trial and appellate lawyer Mark Zauderer told Forbes, suggesting the jury may have had difficulty agreeing on those requirements.
During the trial, prosecutors painted Combs as the leader of a criminal enterprise in which he used his employees to commit various crimes, including bribery, forced labor, kidnapping, arson, sex trafficking and drug distribution.
Zauderer said since the jury requested transcripts of some of the 'most damaging testimony to the defendant,' including testimony from his ex-girlfriend Cassie Ventura, it could indicate the jury returned a guilty verdict on the sex trafficking counts.
Reports indicated Combs appeared dejected once the jury returned the partial verdict, but Zauderer said it is likely he does not know the verdict on the other four counts, stating 'what they heard is not good news' because the defense would have wanted a 'rapid acquittal.'
Chutkow said an acquittal likely would have taken a longer time for the jury to reach given the 'overwhelming amount of evidence' presented in the case, which stretched for about two months with dozens of witnesses called to the stand.
Jurors sent a note to Judge Arun Subramanian on Tuesday afternoon stating they had reached a unanimous verdict on all counts except racketeering conspiracy after two days of deliberation, stating they are 'unable to reach a verdict on count 1 as we have jurors with unpersuadable opinions on both sides.' Defense and prosecution lawyers both indicated they wanted jurors to keep deliberating, and Subramanian told the jury he would not accept a partial verdict and instructed them to keep deliberating. Earlier Tuesday, the jury sent notes to the judge requesting transcripts of Ventura's testimony, as well as testimony from sex worker Daniel Phillip, who testified he participated in a 'freak-off' with Ventura and Combs. The testimony they requested from Ventura included her testimony about Combs attacking her in a Los Angeles hotel in 2016, which was captured on surveillance footage, and her testimony that Combs threatened to release 'freak-off' videos of her while they were on a flight home from the Cannes Film Festival. Could Diddy Be Retried On The Racketeering Charge?
Yes, but it's unlikely if Combs is convicted on the other four counts, because they could already carry stiff prison sentences, Chutkow told Forbes, stating it would be 'kind of pointless' for the government to 'come back in order to get a conviction on the racketeering conspiracy charge.'
The jury is back in the courtroom deliberating Wednesday morning. Combs prayed with his family, CNN reported, before heading downstairs in the building to wait for a verdict.