Diddy trial replay: Jury pool narrows, but selection will have to wait

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2 days ago

Editor's note: This page reflects the news from Sean "Diddy" Combs' trial on Wednesday, May 7. For the latest updates from Diddy's trial, read USA TODAY's live coverage for Friday, May 9.
Jury selection in Sean "Diddy" Combs' ongoing sex crimes trial is continuing as prosecutors and the one-time mogul's attorneys face off over the pivotal panel.
Lawyers reconvened in Manhattan court on May 7 to continue their interviews of prospective jurors in the high-profile legal proceeding. Jurors have been questioned one by one by Judge Arun Subramanian, the prosecution and the defense to determine their qualifications to serve.
By the end of court proceedings on May 7, attorneys had narrowed down the 45 possible jurors needed to move forward in the process.
Jurors were repeatedly asked if they, a family member or a friend had been a victim of sexual assault, sexual harassment or domestic violence, and whether they or a loved one had been charged or accused of such crimes.
Diddy on trial newsletter: Step inside the courtroom as music mogul faces sex crimes charges
During his final pretrial hearing on May 2, Combs, 55, confirmed he turned down a potential plea deal in the case. A judge previously rejected a request from the rapper's legal team to delay the start of the trial. Combs could spend the rest of his life in prison if convicted.
The wide pool of potential jurors for Combs' trial has been narrowed to just 45 candidates after several days of intense questioning.
Six women and five men were given the green light May 7, after lawyers for either side and the judge interviewed 22 candidates. Their age bracket ranging from mid-20s to early 70s, the group represents a varied cross-section of society, with one juror working as a graphic designer and another in administration at the counterterrorism office of the United Nations.
The group who will decide Combs' fate is not yet in final ink, though, and the legal teams will need to return May 9 to select the actual jury ahead of opening statements set for next week
Another potential juror was moved into the approved pool after being questioned about their social media habits.
Combs' defense referenced a meme that they implied the potential juror may have interacted with on social media, but the juror chalked this up to "doomscrolling" and "mindlessly swiping." When the judge asked the juror if they had seen things while "doomscrolling" that might make them biased against Combs, they said no.
The potential juror went to the same high school as Combs, though they graduated 30 years apart.
One potential juror, questioned for about 25 minutes, continually sighed and trailed off in his speech. Subramanian noted that the man neglected to fill out all the questions on his juror questionnaire.
"I was tired," the potential juror responded. "I was binging the new 'Star Wars' (series) 'Andor.' It just came out." Subramanian laughed at his admission and said, "Will you be able to concentrate or will you be too busy binging 'Andor'?" The potential juror said he would, responding, "Like I said, 'I was binging, I'm just being lazy.'"
Although federal prosecutors said the potential juror was "meandering" and were worried about his "own personal discipline" if he was selected for the trial, Subramanian said none of his answers warranted a dismissal. He did, though, call the juror "sleep deprived."
Combs' lawyer Agnifilo offered his opinion on the matter by quipping, "I'm very curious to watch what he was binging."
One potential juror had an obvious conflict of interest: he was friendly with Subramanian after serving as his co-counsel in several cases, meaning they previously represented clients together. They have known each other for about 10 years.
When the potential juror walked in, Subramanian amiably asked him: "What is your opinion of the judge in this case?" The prospective juror responded, "He is fair, he is gregarious and he is brilliant."
The prosecutor said she was worried he would have "outsize influence on other jurors" because of his position. He was dismissed.
One juror, who was admitted to the pool, said she had seen the footage released by CNN of Combs allegedly assaulting ex-girlfriend Cassie Ventura Fine, and that she "felt he would be guilty of domestic violence."
When the judge reminded her that the charges against Combs in this case are not domestic violence, she said that she would aim "to judge people on what they actually did," and that she would "want to hear the whole story behind the video."
As lawyers narrowed in on her ability to be balanced, she raised some eyebrows among journalists by seemingly walking back earlier sentiments. She said she thinks people tend to jump on the bandwagon to say something bad has happened to them – an apparent reference to the onslaught of civil suits Combs has faced in the wake of his federal indictment.
The judge overseeing Combs' sex trafficking trial admonished a lawyer close to the hip-hop mogul's defense team for referring to the prosecutors in the case as a "six-pack of white women" in comments on a podcast.
The lawyer, Mark Geragos, said in a May 2 episode of "Two Angry Men," a podcast he co-hosts with celebrity news website TMZ's founder Harvey Levin, that the racial and gender composition of the six-member prosecution team was "interesting."
Geragos said race may be an "undercurrent" at the trial, but would not be a focus of Combs' defense.
"That's something that you shouldn't, that no one should be saying as an officer of the Court and a member of the bar," Subramanian told Geragos in a private conversation in his robing room on May 6 before jury selection resumed, according to a trial transcript.
"Referring to the prosecution in this case as a six-pack of white women is outrageous," said the judge, who is of South Asian descent.
During his final pretrial hearing on May 2, Combs confirmed he turned down a potential plea deal. It is unclear what the deal consisted of.
In addition to questions about a history of sexual assault, jurors were given a list of people and places related to Combs in some ways. The names included Michael B. Jordan, Kid Cudi, Cassie Ventura, Michelle Williams, Mike Myers, Dallas Austin, Lauren London and Dawn Richard.
The list, a who's who of Hollywood and music elite, paints a picture of Combs' far-reaching influence in the entertainment industry.
For example, Kid Cudi, an Ohio-born rapper who was briefly romantically involved with Combs' ex-girlfriend Cassie Ventura, is likely on the list as a 2023 civil lawsuit from Ventura against Combs accused the hip-hop mogul of threatening to blow up Cudi's car. (Ventura and Kid Cudi briefly dated "during a rough patch" in her relationship with Combs, she said.)
Ventura, who is also on the list, alleged in a bombshell lawsuit in 2023 that Combs had trafficked, sexually assaulted and physically abused her during their decade-long relationship. The two "amicably" settled the lawsuit a day after her filing, and Combs' team alluded to a "substantial eight-figure settlement" in court documents for his criminal case.
No, Mark Geragos, the famed attorney who has represented prominent people ranging from Michael Jackson to the Menendez brothers, isn't officially part of Combs' legal team.
His daughter, Teny Geragos, is serving on Combs' defense. Mark Geragos has been seen in the courtroom since jury selection started earlier in the week.
Prosecutors called out his presence in a letter to Subramanian, accusing Combs' defense of trying to consult with the longtime lawyer and saying he should have to abide by the rules set for attorneys in the case if he's working with Combs.
Mark Geragos has denied his involvement, saying in a statement to CNN, "I'm here to support my daughter. (Combs) is a friend."
Lisa Bloom, an attorney representing two accusers in civil cases against Combs and one in his criminal case, pointed to the number of potential jurors who have told the court they or a loved one are a sexual assault survivor.
Jurors have repeatedly been asked about sexual assault and harassment due to the nature of the case against Combs, and almost all have said they have some personal connection to the crimes.
"One thing that's made me sad sitting through the jury selection in the court is how many people say they have been the victim of sexual harassment or sexual assault, or somebody close to them has, it's still quite a large number," Bloom told NewsNation's "Banfield."
"And if you break it down to the female jurors, even larger."
Bloom is representing Danity Kane member Dawn Richard, a prominent Combs collaborator who accused him of physical and sexual abuse in a lawsuit last year.
Richard claimed the producer stole her work, withheld payment and subjected her to "inhumane" working conditions, which included assault, groping and false imprisonment, over the course of nearly a decade. Combs' attorney denied the allegations at the time the lawsuit was filed.
Cameras aren't allowed in the courtroom where Combs is on trial for sweeping sex crimes charges, but courtroom sketches are available of the one-time mogul.
As his trial kicks off, Combs has been depicted with graying hair and often wearing a blue sweater over a white collared shirt.
The outfits are intentional: Combs is allowed to have five shirts, five sweaters, five pairs of pants and two sets of lace less shoes to wear in the Manhattan federal courtroom, according to an order signed by Subramanian on April 30. That means he doesn't have to wear a jumpsuit assigned to him in the detention center where he has been held since his arrest last year.
How does jury selection work in a case like this? Attorneys on both sides need to approve a group of 45 prospective jurors to ultimately select the 12 final jurors who will sit for the case alongside six alternates.
While it looks like they could clear that 45-juror bar on May 7, prosecutors signaled the jury may be selected on May 9. They asked to perform peremptory strikes then, using a tool later in the week that allows lawyers to remove a potential juror without any cause, according to multiple reports. Lawyers don't get unlimited strikes, and they're not allowed in all courts.
One person who won't be selected for the jury: A woman who works at HBO who had moved forward in the jury selection process. Combs' lawyers had objected to her being included because the media company recently released a documentary titled "The Fall of Diddy."
The judge had denied the request because the potential juror didn't work on the film. But when Combs' lawyers raised the request again, the judge agreed after prosecutors consented.
The trial will not be televised, as cameras are typically not allowed in federal criminal trial proceedings.
USA TODAY will be reporting live from the courtroom.
Nicole Westmoreland of Westmoreland Law LLC is the latest lawyer to join Combs' legal team after filing a notice of attorney appearance with the court on May 6.
Combs' defense team was already led by attorneys Marc Agnifilo and Teny Geragos. Both are founding partners at Agnifilo Intrater. Geragos is "particularly experienced in defending and investigating allegations of sexual misconduct," according to the firm's website.
Brian Steel, who represented Young Thug in the rapper's RICO trial, is also working with Combs, as are attorneys Alexandra Shapiro, Xavier R. Donaldson, Anna Maria Estevao and Jason Driscoll.
Combs will argue at his sex trafficking trial that women who took part in his elaborate sex parties did so willingly, but his lawyers will face an uphill battle trying to undermine the credibility of accusers who say the hip-hop mogul forced them to participate.
Prosecutors with the Manhattan U.S. Attorney's office say that for two decades, he used his business empire to lure women into his orbit with promises of romantic relationships or financial support and then used violence and threats to obligate them to take part in days-long, drug-fueled sexual performances known as "Freak Offs" with male sex workers.
"The defense has quite the uphill battle ahead," said Heather Cucolo, a New York Law School professor. "There was a clear power dynamic, and that power dynamic is going to be a main focus and a main issue here."
Lawyers for Combs have said prosecutors are improperly trying to criminalize a consensual "swingers" lifestyle in which he and his longtime girlfriends sometimes brought a third person into their relationships.
Combs is facing federal sex crimes and trafficking charges in a sprawling suit that has eroded his status as a power player and kingmaker in the entertainment industry.
He was arrested in September and has been charged with racketeering, sex trafficking and transportation to engage in prostitution. He has pleaded not guilty to all five counts.
His indictment emerged alongside dozens of separate civil suits suggesting a pattern of abusive behavior and exploitation spanning decades, including accusations of rape, sexual assault and physical violence.
Assuming all parties can agree on 45 jurors by the end of the May 7 session, the prosecution and defense will spend May 8-9 preparing for opening statements, which begin May 12.
Despite repeated attempts at bail, Combs was ordered to remain in custody at the Special Housing Unit in Brooklyn's Metropolitan Detention Center ahead of trial — a ruling his legal team has challenged in the Second Circuit Court of Appeals. He's been jailed since his arrest on Sept. 16, 2024.
Contributing: Patrick Ryan and Anna Kaufman, USA TODAY; Reuters
This article originally appeared on USA TODAY: Diddy trial: When will jury selection in Sean Combs' case finalize?