a day ago
What happens next in Diddy trial as jurors fail to agree on racketeering charge?
The fate of Sean 'Diddy' Combs is expected to be revealed this week as the 12 jurors in his sex-trafficking trial continue their deliberations in court.
The 55-year-old is charged with sex trafficking, racketeering conspiracy, and transportation to engage in prostitution. Combs, who denies all charges, could spend the rest of his life behind bars if he is found guilty.
During the trial at the Federal District Court in Lower Manhattan, New York, which began almost two months ago on May 5, the jury heard from 34 witnesses - including celebrities like Kid Cudi and Combs' ex-girlfriend Cassie.
Deliberations began on Monday, June 30, and the trial appears to be nearing its conclusion after the jury reached a partial verdict on the celebrity rapper.
On Tuesday, July 1, the jury made their decision on four of the five counts. This led to a partial verdict, and a final decision is expected within the coming days.
The jury managed to decide on four of the five charges – counts two, three, four, and five, but is unable to decide on count one.
The counts against Diddy are:
Count 1 - Racketeering conspiracy
Count 2 - Sex trafficking by force, fraud or coercion – pertains to Victim 1 (Cassie)
Count 3 - Transportation to engage in prostitution relating to Victim 1 (Cassie) and commercial sex workers
Count 4 - Sex trafficking by force, fraud or coercion(relating to Jane Doe – Victim 2)
Count 5 - Transportation to engage in prostitution, relating to Victim 2 (Jane Doe) and commercial sex workers
Count one carries the biggest sentence, life in prison. Meanwhile, counts two and four have a minimum sentence of 15 years and a maximum of life. Counts three and five carry a maximum sentence of ten years.
What does Diddy's racketeering charge mean?
Racketeering conspiracy is a charge under the US Racketeer Influenced and Corrupt Organizations Act (RICO). The US government introduced this law in 1970 to take down crime gangs.
The aim was to tie crime bosses to the offences of those working under them. In the context of US law, 'racketeering' generally refers to the illegal activity of a criminal organisation.
But the RICO act defines "racketeering activity" as any act or threat that involves an array of different crimes like bribery, arson, extortion, kidnapping and murder.
'Conspiracy' is when two or more people agree to commit a crime and then take steps to further the plan, according to the US Department of Justice website.
Why was Diddy charged with racketeering conspiracy?
The prosecution accused Mr Combs of using his business, the Combs Enterprise, to violently coerce and blackmail women to perform sex acts, among other criminal acts.
The law allows prosecutors to combine related offences that otherwise would have had to be prosecuted separately in different states, the US Department of Justice website explains.
It also provides a way for prosecutors to ensure their case "adequately reflects the nature and extent of the criminal conduct involved in a way that prosecution only on the underlying charges would not".
In this case, it allowed the prosecutors to use evidence they would not have been able to use if Mr Combs was charged only with sex trafficking. To secure a guilty verdict on a RICO charge, prosecutors must show that:
Members of a so-called enterprise, or group of people engaged in a common purpose, committed or planned to commit two other crimes in connection with the enterprise within a 10-year period.
What happens next in the trial?
A unanimous decision is required for a conviction. Both prosecution and defence lawyers wanted the judge to encourage the jury to continue deliberating and reach a verdict.
Marc Agnifilo, representing Diddy, said the defence would like the judge to bring out the jury and instruct them to continue their deliberation. They are currently working on the wording of the instruction.
Significantly, two notes were passed to the presiding judge from the jury. The first note expressed a juror's difficulty in understanding the 61-page instructions which were given by the judge before deliberations began.
The jury's note-passing could actually be a positive sign for Combs, suggests Mitch Epner, a New York-based lawyer and former prosecutor.
He told the BBC: "First, it is unusual for the jurors to send a note to the judge this early, other than asking for logistical help. Second, this note indicates that there may already be a breakdown in the deliberative process."
Alternatively, the jury may be allowed to deliver a partial verdict. This means a jury giving a verdict on the charges they did agree on - while a mistrial may be declared for the other charges they didn't agree on.
The prosecution would have the option of running a retrial on the charge they couldn't agree on, the Legal Information Institute's website says.
If the jury finds Mr Combs not guilty on the other charges, the prosecution might be more inclined to push ahead with a retrial on the racketeering charge, according to ABC News.
But if the jury finds Mr Combs guilty and the prosecution is satisfied with the length of his jail sentence, it might be less inclined to go for a retrial. The prospect of a retrial would likely be highly distressing to prosecution witnesses.
If you've been the victim of sexual assault, you can access help and resources via or calling the national telephone helpline on 0808 802 9999.
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