NEW YORK – The jury in the sex trafficking case involving Sean “Diddy” Combs is expected to continue their deliberations on Wednesday, having already arrived at a not-yet-revealed conclusion on four out of the five charges against the hip-hop icon.
U.S. District Judge Arun Subramanian instructed the jury to proceed with their private discussions for a third day. This came after the group, consisting of eight men and four women, disclosed on Tuesday that they were unable to come to an agreement on the primary charge: racketeering conspiracy.
The judge concurred with both the prosecution and Combs’ defense lawyers that concluding deliberations after less than 13 hours would be premature for attempting to reach a decision on all charges.
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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