Jury reaches verdict on 4 of 5 counts in Diddy trial, judge indicates they’ll keep deliberating

NEW YORK AP The jury in Sean Diddy Combs sex trafficking trial declared Tuesday that it has reached a verdict on four of five counts against the hip-hop mogul and was unable to reach a decision on the top charge racketeering conspiracy The judge indicated that he would instruct the jury to continue weighing the charge echoing the sentiments of prosecutors and Combs defense squad that just two days into deliberations was too soon to give up on reaching a verdict on all counts Judge Arun Subramanian commented he received a note at p m Tuesday indicated that the jury had reached a partial verdict The note mentioned the jury was unable to reach a unanimous verdict on the racketeering conspiracy charge because there were jurors with unpersuadable views on both sides Combs lawyers surrounded him at the defense table soon after the note was sent to the court The hip-hop mogul appeared morose as they explained to him what was happening At one point lead defense lawyer Marc Agnifilo stepped away from the huddle returned with a piece of paper and handed it to Combs who read it solemnly Prosecutors meanwhile were at their table glued to their phones and laptop computers Assistant U S Attorney Maurene Comey suggested the judge give the jury a modified version of what s known as a Allen charge instructions encouraging them to keep deliberating after reaching an impasse Racketeering conspiracy count on the jury s verdict sheet is the bulk complicated of the charges against Combs because it requires the jury to decide not only whether he ran a racketeering enterprise but also whether he was involved in committing a few or all of various types of offenses such as kidnapping and arson The charge falls under RICO the Racketeer Influenced and Corrupt Organizations Act which is best known for being used in organized crime and drug cartel cases The jury has been deliberating since Monday Earlier Tuesday they sought to review critical testimony from one of the prosecution s preponderance significant spectators the hip-hop mogul s former longtime girlfriend Cassie Jurors requested the testimony about minutes into their second day of weighing charges that Combs used his fame wealth and violence to force two girlfriends into drug-fueled sex marathons with male sex workers known as freak-offs or hotel nights The panel of eight men and four women petitioned for Cassie s account of Combs beating kicking and dragging her at a Los Angeles hotel in an assault captured on now-infamous safeguard camera footage They also petitioned to see Cassie s testimony about an episode in which she declared Combs accused her of taking drugs from him and kicked her off of their yacht at the Cannes Film Festival in France in On their way back to the U S she disclosed he threatened to release explicit videos of her having sex In addition the jury demanded for Cassie and stripper Daniel Phillip s testimony about her jumping into his lap at a New York City hotel after as Phillip testified he suspected Combs had been slapping and slamming her around an adjacent room Her whole entire body was shaking like she was terrified announced Phillip who was at the hotel for a sexual encounter with Cassie sometime between and Phillip testified that he urged Cassie the R B singer whose real name is Casandra Ventura why she was with Combs if he was hitting her and beating her He explained he explained her she was in real danger Cassie he explained basically tried to convince me that it was OK it s OK I m fine I ll be OK Phillip and Cassie were among the first viewers who testified when the trial began last month The jury s testimony request came soon after Combs lawyers and prosecutors began the day haggling with Judge Arun Subramanian over a jury question left over from the end of the first day of deliberations on Monday Jurors requested clarification about what qualifies as drug distribution an aspect of the racketeering conspiracy charge that will help determine whether Combs can be convicted or exonerated on the count Subramanian announced he would remind jurors of the instructions he gave them on that part of the affair before they started deliberating on Monday Combs lawyers had pushed for a more expansive response but prosecutors argued and Subramanian agreed that doing so could end up confusing jurors more On Monday the panel deliberated over five hours without reaching a verdict Defense lawyers contend prosecutors are trying to criminalize Combs swinger lifestyle and that if anything his conduct amounted to domestic violence not federal felonies Combs could face years in prison to life behind bars if he is convicted of all charges Combs as he has through the trial conferred intently with his lawyers as they discussed responding to the jury s request Later he leaned forward to scrutinize something on the computer screen that sits in front of him After pleading not guilty Combs chose not to testify as his lawyers built their arguments for acquittal mostly through lengthy cross examinations of dozens of bystanders called by prosecutors including particular of Combs former employees who took the witness stand reluctantly only after being granted immunity When jurors first left the room to begin deliberating on Monday Combs sat for a while slumped in his chair at the defense table before standing and turning toward three rows of spectators packed with his family and friends Those supporters held hands and lowered their heads in prayer as did Combs who was several feet from them in the well of the courtroom After they finished they together applauded and so did Combs still clapping as he turned back toward the front of the room Combs also exhibited off two books he s reading The Power of Positive Thinking by Norman Vincent Peale and The Happiness Advantage by Shawn Achor Barely an hour into deliberations the jury foreperson sent a note to the judge complaining that there was one juror who we are concerned cannot follow your Honor s instructions May I please speak with your Honor or may you please interview him The judge decided instead to send jurors a note reminding them of their duties to deliberate and obligation to follow his instructions on the law By day s end the jury seemed back on track sending the note about drug distribution