The jury will go back to the deliberation room on Wednesday in Sean “Diddy” Combs’ criminal trial after deadlocking on the top charge but reaching a decision on his other four counts.
Jurors said they have reached a verdict on the two counts each of sex trafficking and transportation to engage in prostitution that Combs faces, but had not been able to reach a decision on racketeering conspiracy. None of the decisions are final, and they can change their minds until a verdict is formally announced.
“We have jurors with unpersuadable opinions on both sides,” the panel said in a note about their progress.
The 12-person group − made up of eight men and four women − returned to Manhattan court after deliberations began in the sweeping federal sex-crimes case on June 30.
The five alternate jurors were told to remain on standby in case they’re needed to fill in.
Jurors, under the guidance of Judge Arun Subramanian, have been tasked with determining Combs’ culpability in carrying out alleged crimes that span charges of sex trafficking, racketeering and transportation to engage in prostitution.
In his instructions to the jury, Subramanian, who called jurors “the sole and exclusive judges of the facts,” emphasized that the group must decide the outcome of Combs’ case solely on the evidence presented in trial, namely testimony from over 30 witnesses and various court exhibits detailing the alleged events involving Combs.
“The rulings I have made during the trial are not any indication of my views of what your decision should be as to whether or not the guilt of the defendant has been proven beyond a reasonable doubt,” said Subramanian, according to a copy of jury instructions obtained by USA TODAY.
“You are to perform the duty of finding the facts without bias or prejudice as to any party.”
Combs, 55, was arrested in September following a sex-trafficking investigation that included a raid of his homes by federal authorities, as well as a subsequent criminal indictment. He has pleaded not guilty to the charges brought against him.
An Allen charge is an instruction given to a deadlocked jury to encourage them to keep working reach a verdict. It’s sometimes called a “dynamite charge.”
Whatever you call it, the charge is a tool to avoid a hung jury. That’s when jurors tell the court they can’t come to a conclusion on a charge.
No, the jury said it has reached a decision on four of the five charges against Combs, but they weren’t read aloud in court. Those included the two counts each of sex trafficking and transportation to engage in prostitution that Combs currently faces.
However, a verdict isn’t final until it’s formally rendered to the court, which isn’t happening today. Jurors could still revisit charges in their deliberations.
Racketeering is the participation in an illegal scheme under the Racketeer Influenced and Corrupt Organizations Statute, or RICO, as a way for the U.S. government to prosecute organizations that contribute to criminal activity.
Using RICO law, which is typically aimed at targeting multi-person criminal organizations, prosecutors allege that Combs coerced victims, some of whom they say were sex workers, through intimidation and narcotics to participate in “freak offs” — sometimes dayslong sex performances that federal prosecutors allege they have on video.
Subramanian dismissed the jurors for the day, and they will continue their process in the morning. They left the courtroom and returned to their homes.
“I ask at this time that you keep deliberating,” Subramanian told the group.
Both prosecutors and Combs’ defense attorneys agreed that the judge should tell jurors to keep working toward a final verdict on the rapper’s racketeering charge.
Prosecutors pointed out that a deadlock could mean the case will be re-tried.
Jurors reported that they’ve reached a decision on some – but not all – of the criminal counts against Combs. They don’t agree on the racketeering charges against Combs, which included some of the most sweeping allegations of the weekslong trial.
Subramanian, prosecutors and defense lawyers are currently discussing how to move forward, including allowing jurors to deliberate on July 3, which is currently scheduled as a court holiday. None of the verdicts have been read aloud in court.
Before Subramanian read the jury’s note, Combs rubbed his eyes and rested his face against his palm while seated at the defense table with his lawyers huddled around him. One defense lawyer, Brian Steel, rubbed Combs’ shoulder. Two of Combs’ other defense lawyers put their arms around each other.
The jury asked to review the testimony for three trial moments: Cassie’s testimony about the InterContinental Hotel incident and her testimony about the Cannes Film Festival, as well as Daniel Phillip’s testimony about the Essex hotel incident.
After both sides conferred, they agreed the jury didn’t need to come back into the courtroom regarding their review request. But in a small dispute, prosecutor Emily Johnson wanted two extra lines included in the transcript, but the judge sided with the defense to cut off the transcript before those lines from Cassie about a “freak off.”
The judge will return when the defense and prosecution are ready to address more specifics about the testimony.
The lawyers continued discussions on jury testimony questions. After a short break, prosecutor Maurene Comey said the defense raised an issue about Daniel Phillip’s testimony. Defense attorney Xavier Donaldson said the defense wanted to exclude Phillip’s testimony about why he didn’t do something after seeing Combs physically abuse Cassie at the Essex hotel, but Subramanian said Phillip’s testimony would be included.
There was also lengthy jockeying over Cassie’s testimony regarding the InterContinental Hotel incident. The outcome: The transcript will include testimony about a few days before the incident and a few days after the incident.
A note from the jury soon after it began deliberations June 30 has raised concerns that there might be a “stealth juror” in the deliberations room: someone who made it onto the jury with a concealed agenda.
Juror 25 wouldn’t follow the judge’s instructions, according to the note. That juror said during jury selection that he is a 51-year-old veterinarian with a doctorate in molecular biology and neuroscience, according to Reuters.
The jurors who made it onto the jury in the high-profile trial were vetted by the prosecution, defense and judge through a written questionnaire followed by oral questioning. That process is designed to root out biases.
It’s possible there was a misunderstanding among jurors, or that the issue doesn’t concern Juror 25’s willingness to evaluate the evidence with an open mind and adhere to the judge’s instructions about the law that applies to Combs’ case.
Subramanian responded to the note by reminding the jurors to follow his instructions. Since then, they appear to be deliberating. The jury has sent in notes asking about charges and testimony on drug-distribution and sex-trafficking allegations.
Jurors ask question about drug accusation on first day of deliberations
As jury deliberations continued into the afternoon on June 30, jurors sent a question to the judge about how they should assess the drug distribution allegation against Combs.
Subramanian will get an answer to the jurors this morning, as they had already adjourned for the day on Monday and returned to their homes.
Jury says one juror may not be able to follow instructions
The jury asked Subramanian on June 30 for guidance about one juror who they warned may not be able to follow the judge’s instructions about the law. Their note, which Subramanian read aloud in open court, read in part, “We have a juror, number 25, who we are concerned cannot follow your honor’s instructions.”
Juror No. 25 described himself during jury selection on May 5 as a 51-year-old veterinarian who lives in Manhattan with his domestic partner, a freelance graphic designer. The note did not elaborate on which instructions the juror potentially cannot follow.
After discussing the note with prosecutors and defense lawyers, Subramanian said he would send a note back to the jury reminding them of their obligations but take no further action for now.
Diddy stares down jurors as they receive instructions
On June 30, Combs could be seen putting on glasses and looking directly at the jury box as they received instructions. He leaned back in his chair, legs crossed.
Combs’ family was seated in the front row, and his daughters could be seen whispering to each other.
Has Diddy trial reached a verdict?
No, a verdict has not yet been reached in Combs’ criminal case.
After more than a month of harrowing testimony from several of Combs’ associates, the prosecution rested its case on June 24. Meanwhile, Combs’ lawyers rested their case in less than half an hour, with the defense opting not to call any witnesses to the stand. Closing arguments concluded June 27.
Although the music mogul’s alleged abuse is at the center of the trial, Combs told the court he would not be testifying.
Is Diddy in jail?
The disgraced music mogul is in custody, and despite repeated attempts at bail, has remained confined to the Special Housing Unit in Brooklyn’s Metropolitan Detention Center. He has been in jail since his arrest on Sept. 16, 2024.
What is Diddy charged with?
Combs is facing federal sex-crimes and trafficking charges in a sprawling case that has eroded his status as a power player and kingmaker in the entertainment industry.
He was arrested in September 2024 and later charged with racketeering, sex trafficking and transportation to engage in prostitution. The rapper has pleaded not guilty to the five counts against him.
Contributing: USA TODAY staff; Reuters
This story was updated to include new information.
