The jury in Sean “Diddy” Combs’ sex trafficking trial is set to resume deliberations Wednesday after reaching a yet-to-be-disclosed verdict on all but one of the five charges the hip-hop mogul faces.
U.S. District Judge Arun Subramanian ordered the jury to continue its closed-door discussions for a third day after the panel of eight men and four women said Tuesday that it was unable to reach consensus on the top count: racketeering conspiracy.
The judge agreed with prosecutors and Combs’ defense team that less than 13 hours of deliberations was too soon to give up on reaching a verdict on all counts.
The jury's decision on the other charges — two counts of sex trafficking and two counts of transportation to engage in prostitution — remains under wraps for now.
In a note to the court late Tuesday, the jury said “unpersuadable opinions on both sides” among some jurors had prevented the group from reaching a unanimous verdict on the racketeering conspiracy charge.
Racketeering conspiracy is the most complicated charge in the trial and carries a potential maximum sentence of life in prison.
The sex trafficking charge carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of life. Transportation to engage in prostitution carries a maximum sentence of 10 years in prison.
The disclosure of the jury note about the partial verdict seemed to put defense attorneys and their client in a dour mood even before it was read in open court by the judge.
Eight defense lawyers formed a half-circle behind Combs as the smiles and lighthearted mood that accompanied the arrival of other jury notes over two days seemed absent as the attorneys contemplated the possibility that jurors had reached agreement on counts that carry the heaviest sentencing penalties.
Combs, 55, appeared morose as his lawyers spoke with him. At one point, the hip-hop mogul solemnly read a piece of paper that attorney Marc Agnifilo handed to him.
After the jury came in for instructions and then exited the room, a subdued Combs sat in his chair for a few minutes. As he stood to leave, he faced his relatives and supporters in the audience, blew a kiss and tapped his heart, as he frequently has done at the start and end of each day.
Then he paused before his mother and exchanged a few words, telling her, “Love you” and “I’ll be all right.”
Marshals then led him from the room.
Earlier in their deliberations the jury asked to review testimony from Cassie, the R&B singer who was Diddy’s former longtime girlfriend, as well as from Daniel Phillip, a male stripper Diddy is accused of paying to have sex with Cassie.
Prosecutors say Combs coerced two girlfriends into drug-fueled sex marathons with male sex workers.
Lawyers for the Bad Boy Records founder contend prosecutors are trying to criminalize Combs’ swinger lifestyle. They say his conduct, if anything, amounted to domestic violence, not federal felonies.
Combs, who chose not to testify, has pleaded not guilty.
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