Diddy Jury Selection Inching Forward, Many Rejected for Variety of Reasons

Diddy's lawyers and prosecutors are making headway on putting together a jury pool ... but, it's slow going -- 'cause there are so many landmines that are getting people tossed.

via: USA Today

Potential jurors were questioned for a second day in Sean "Diddy" Combs' sweeping federal sex crimes trial, a high-profile case with ties across the entertainment industry that's expected to stretch on for months.

Jurors on May 6 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.

One question was particularly interesting for some: "Have you communicated to others, posted your opinion on social media or online, or 'liked' any social media posts about Mr. Combs? If so, when and were did you post or state your opinion?"

As the case continues, prosecutors also asked potential jurors about their feelings on law enforcement and experiences with the government. Combs' team wants potential jurors to describe the music they like and their opinions about the hip-hop and rap music industry.

The defense team's proposed questionnaire also suggested they want to know if jurors are open-minded to alternative sexual lifestyles.

Jurors have been questioned one by one by Judge Arun Subramanian, the prosecution and the defense to determine whether they're qualified to serve on Combs' jury. During his final pretrial hearing on May 2, Combs confirmed he turned down a potential plea deal.

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.

By the end of court proceedings on May 6, 39 prospective jurors had faced questions, with 16 moving forward in the process, including 10 men and six women.

Their ages ranged from 38 to 87, and their occupations included an American Airlines pilot, social worker, kitchen designer, physician assistant and more. Three mentioned liking hip-hop music. Some in the group said they get their news from The New York Times and NBC, while others cited YouTube and other social media platforms.

One of the jurors who faced the longest questioning was a man who told the court he had multiple run-ins with police in his early teens and twenties, including what he described as stop-and-frisk incidents and one instance of assaulting a police officer.

Prosecutors said the man could struggle to be unbiased after negative experiences with police.

But Combs' defense argued he's now 38 and has grown and changed. The man said he works in New York's transit department and that he often interacts with law enforcement in his role. The judge ruled that he could move forward without a bias toward police. Another man, a pilot for American Airlines, said he was worried about being biased against Combs but was not concerned about law enforcement.

"The music (and) L.A. lifestyle is very different than how I was brought up," he said, describing details he had previously heard about the allegations against Combs. "You can't un-ring the bell. I can't un-hear something I've heard."

Combs' team took issue with the comment, arguing the man had seen and heard details about the case that would make him struggle to be impartial. However, the judge hit back that jurors knowing about Combs' celebrity and seeing previous media coverage of his charges is simply part of a case this prominent.

One potential juror was dismissed after sharing that he was arrested seven years ago for possession of marijuana. "If I asked you not to use marijuana during the trial, would that be hard for you?" Subramanian asked.

The man responded that it would be a difficult request for the case, and the last time he used marijuana was the previous night. After the man was dismissed and left the proceedings, Combs' defense joked in the courtroom that jurors shouldn't use marijuana during the trial.

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.

Several potential jurors have told the court that they've seen the much-talked-about video that allegedly shows Combs beating, kicking and dragging his ex-girlfriend Cassie Ventura Fine.

Lawyers for Combs had tried to exclude a 2016 surveillance video obtained by CNN from evidence.

The video, which the "Bad Boy Records" founder has since apologized for, shows him clad in a bath towel and running down a hotel hallway toward Ventura Fine before he strikes her, throws her to the ground and kicks her twice at a now-closed luxury hotel in Los Angeles. He then grabs her to drag her down the hallway. The video also shows Diddy throwing what appears to be a vase.

Lawyers for Combs argued that, per a forensic specialist they hired, the video was condensed and not able to "create an accurate version," of events, therefore distorting the incident.

The court denied their request, saying the video was a "fair and accurate" depiction, and that two witnesses authenticated the footage. Lawyers for the government were able to have the video slowed down so it's clearer and will be able to show it to jurors during the trial.

As the case broke for lunch, six potential jurors were selected to move forward out of 15 questioned. The other nine individuals were dismissed from the pool.

Several of those individuals don't speak fluent English or had medical concerns over sitting on a jury, but others were struck for potentially being biased toward Combs.

One woman from the jury pool admitted that, due to her Catholic upbringing, she feels a lot of guilt and has general anxiety taking on a case like this. "To me, you have the life of somebody in your hands. That's very difficult for me, but I think I could do it," she said.

Still, prosecutors would go on to express doubt over the woman's ability to concentrate during the trial due to her health issues.

She had told the judge that due to stomach issues, she may require multiple bathroom breaks during the trial. Subramanian ultimately struck the woman from the jury pool, noting that because the court days are shorter and this being a "more intense trial," there would be fewer breaks.

The search for an unbiased jury continued as lawyers on either side attempted to weed out candidates who knew too much about the case.

Potential jurors were asked via questionnaire whether they had read about the case, and one was dismissed after revealing he had read a USA TODAY article about the selection process on May 5. Saying he knew he shouldn't have clicked the link, he admitted he did anyway and spent a few minutes reading.

Prosecutors argued the decision showed an inability to follow instructions. He was struck from the pool.

The first potential juror questioned before the court shortly after 10 a.m. said she experienced an attempted rape three years ago by a stranger.

She criticized law enforcement's response to the attack, saying "cops could have done a lot more."

The woman said she believed she could still be unbiased in the sex crimes trial. However, the judge pointed out in her questionnaire that she wrote, "P. Diddy has a lot of money at his discretion, possibly to buy his way out of jail." The potential juror was struck for cause shortly after.

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, 55, 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.

How is the jury selection process working?

Lawyers previously said they planned to question as many as 150 potential jurors, with each questionnaire lasting 20-30 minutes. On May 5, Subramanian deemed 19 qualified to serve, including two who said they were fans of 1990s hip-hop, while the rest were dismissed.

Federal prosecutors indicated they'd be able to find the 45 qualified jurors needed in three days, and it's possible they won't need to speak to all 150 people.

Mike Myers. Kid Cudi. Dawn Richard. What do these names have to do with the Diddy trial?

Potential jurors shuffled into a Manhattan courtroom on a gray Monday in New York City as lawyers for both sides prepared to winnow down the class of people who will be entrusted with the fate of one of the biggest names in music.

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 Fine, 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 Ventura Fine, is likely on the list as a 2023 civil lawsuit from Ventura Fine against Combs accused the hip-hop mogul of threatening to blow up Cudi's car. (Ventura Fine and Kid Cudi briefly dated “during a rough patch” in her relationship with Combs, she said.) Cudi's vehicle later allegedly exploded in his driveway around the time Ventura Fine alleges Combs made the threat.

What was the plea deal for Diddy?

During his final pretrial hearing on May 2, Combs confirmed he turned down a potential plea deal. It is unclear what the plea deal consisted of.