What to know about the trial
- After the jury told the court that it had reached a partial verdict but could not come to a decision on the racketeering charge, the judge told jurors to keep trying. Deliberations will resume in the morning.
- Combs is charged with five criminal counts: one of racketeering conspiracy; two of sex trafficking by force, fraud or coercion; and two of transportation to engage in prostitution. Combs has vociferously denied the allegations.
- This live briefing may include graphic descriptions of sexual violence. For resources on sexual assault, call the National Sexual Assault Telephone Hotline.
- Sign up for the “Diddy on Trial” newsletter for key developments and analysis; listen to the podcast “Dateline: True Crime Weekly” for daily coverage.
Jurors dismissed for the day as judge urges them to 'keep an open mind'
Minutes after being told to return to the jury room, the jurors sent a note to the judge alerting him that they were done for the day.
They returned to the courtroom briefly to be formally dismissed for the day. Subramanian reminded them to "keep an open mind" as they continue deliberations tomorrow and thanked them for all their hard work.
Judge tells jurors to keep deliberating, adding they shouldn't hesitate to change their opinions
Subramanian asked the jury to continue with discussions to come to a consensus on the outstanding charge.
He urged the jurors to remember his instructions and added that they should not hesitate to change opinions when they are convinced. He advised them that they must weigh their opinions dispassionately.
They were told to return to the jury room and that if they were done for the day, they would be brought back in for a dismissal.
The jury is being brought back in
Subramanian is bringing the jury back into court after having heard input from both the prosecution and the defense on what to tell jurors in response to their announcement that they are deadlocked on a single count.
The prosecution's suggestion is something less than a formal Allen charge; instead, it is a response urging the jury to continue deliberations. Subramanian seemed to favor that proposal.
There are also discussion about the logistics for what happens if the jurors don't have a decision by tomorrow, as the court is closed Thursday and Friday for the Fourth of July.
Here are the four elements of the racketeering charge the jury must consider
The judge informed the jury yesterday that to conclude Combs violated the RICO Act, there are four elements to consider.
Subramanian instructed the jury that it must find that there was an agreement — whether spoken or unspoken — by at least two people to participate in a criminal enterprise. They must conclude that Combs has also been a willful member of the enterprise and knowingly committed two predicate crimes as part of the criminal conspiracy.
Finally, the racketeering activities must have affected interstate or foreign commerce to meet the racketeering charge threshold.
Lawyers want judge to read Allen charge to jurors
The prosecutors and the defense team both say they want jurors to keep deliberating on the remaining charge.
The judge would read jurors an Allen charge, which is also informally called a "dynamite charge," telling the jury to keep talking to find a way to agree on a verdict.
Both sides request that the jury continue deliberating
Prosecutors and defense attorneys have told the judge they would like the jury to continue deliberating on count 1, the racketeering charge.
Agnifilo told the judge that the jury has been deliberating only a short time and should continue. Comey also told the court that the prosecution will put together an Allen charge, instructions that urge a jury to keep working in order to avoid a hung jury.
Subramanian asked both sides to send proposed instructions and send them to his chambers so he can take it from there.
Verdicts reached on 4 of the 5 counts
The jury has told the judge it has reached a verdict on four of the counts but is unable to reach a consensus on the racketeering charge.
The note said there are jurors with "unpersuadable views."
Combs enters court and huddles with his defense attorneys
Combs is back in the courtroom and standing in the huddle with his defense attorneys as they discuss another note from the jury.
The prosecutors are sitting in their chairs, but Combs' team has formed a horseshoe as members stand around Combs. His head is down, and defense attorneys are hugging one another.
Jury sends its sixth note
Attorneys are filling the courtroom as the jury has sent a note to the court.
This is the sixth note from the jury since deliberations began yesterday.
What was the incident at the Essex House?
While most people might remember the assault at the InterContinental Hotel in 2016, sex worker Daniel Phillip testified early on in the trial about an incident at the Essex House hotel years before.
Phillip told the court he was paid to have sex with Ventura while Combs watched around 2012 or 2013. He testified that after a "freak off" at the Essex House, Ventura went into a bedroom with Combs while he remained in the living room.
He testified that "out of nowhere," he heard Ventura yelling out that she was "sorry" repeatedly. Phillip then said he heard the sounds of someone being slapped and slammed around.
Deliberations had a rocky start yesterday as issues arose between jurors
Deliberations appear to be off to a rocky start in the sex trafficking and racketeering case against Combs yesterday, just hours after the judge turned the case over to the jury.
Combs has spent the last six weeks on trial in the Southern District of New York as the government seeks to prove that he was at the helm of a “criminal enterprise,” using his employees to help commit several crimes. Within about two hours of deliberations, however, the jury sent a note to the judge expressing a concern over one of its members.
The note to U.S. District Judge Arun Subramanian said the group was worried that Juror No. 3 “does not follow” the judge’s instructions.
No additional details about the cause of the concern were provided.
Combs reassures his mother, 'it's gonna be alright'
Combs sat with his defense team this morning wearing light pants and a light sweater, appearing a little bit on edge as the day began.
He waved to his family and blew kisses to his mother, Janice, as she sat in the second row. Combs leaned over to speak to her later in the morning after both parties had argued over how to answer a question from the jury.
"Just relax, it’s going to be alright, Ma," Combs told her. He added, "I like your shirt, your outfit."
Both sides argue over testimony excerpts about InterContinental Hotel
The prosecution and defense went back and forth over what parts of Ventura's testimony regarding the March 2016 assault she endured from Combs at the InterContinental Hotel should be sent back to the jury.
Combs' defense wanted to include messages between Combs and Ventura leading up to the hotel visit in which they were coordinating a "freak off." Still, prosecutors wanted it limited to the incident at the hotel itself. Both sides went back and forth until the judge suggested offering the jury Ventura's entire testimony transcript.
Prosecutor Emily Johnson told the court the prosecution had no problem with this, but defense lawyer Teny Geragos pushed back. Geragos argued that the entire testimony, which is 800 pages long, would be too overwhelming for the jury.
Eventually, they agreed to send a portion of Ventura's testimony that would include the texts from before and after the hotel assault. An Instagram post Ventura made after CNN released video of the hotel assault will also be given to the jury.
Subramanian ordered that it be ready for the jury by 1 p.m. ET.
Court started with a heated debate on how to respond to the jury's question
The morning started with a heated debate on yesterday's jury question about a specific aspect of drug distribution. Both sides took the notes as critical opportunities to influence the response.
A note came in yesterday just before court closed for the day, asking whether an individual is considered a distributor if they gave substances to someone who asked for the drugs. Prosecutors pointed to lines on page 37 of the jury charge document, which said that distributing "simply means to deliver, to pass over, or to hand over something to another person."
Combs is not charged with drug distribution specifically, but possession with intent to distribute is considered a predicate crime within his racketeering charge.
Defense attorney Marc Agnifilo argued that the answer didn't go far enough, but U.S. District Judge Arun Subramanian ultimately sided with the government on what to send back.
"I just listened to you and I have heard what you said," Subramanian said to Agnifilo. "I don't think your concern has any basis."
Jury note asked for testimony transcripts
The jury requested transcripts of testimony given by Cassie Ventura and Daniel Phillip, a sex worker who was hired for "freak offs" with Combs and Ventura.
They asked specifically for Ventura's testimony about the March 2016 InterContinental Hotel assault, about when she and Combs were at the Cannes Film Festival and its aftermath, and about her "freak offs" with Phillip. The note also asked what Phillip told the court about a "freak off" at the Essex hotel.
Comey told the judge they reached an agreement on the Phillip testimony and one of the sections regarding the Cannes incident, though there was a dispute over where to cut off the events after the incident. The prosecution added that they are working through the testimony on the InterContinental hotel.
Combs' mother has entered the courtroom
Janice Combs has just arrived as we wait for the jury's latest note to be read aloud. She had been waiting in the eighth-floor cafeteria.
The jury has sent its fifth note
The jury sent its fifth note at around 10:27 a.m.
Prosecutors and defense attorneys returned to the courtroom, where they all looked at their phones and conferred about the note. Prosecutor Maurene Comey went to the defense table to chat with defense lawyer Teny Geragos.
Prosecutors were chatting and taking notes as the defense team huddled near the court artist.
Jury deliberating for second day
Jurors returned to the jury room today for day two of deliberations after completing five and a half hours yesterday.
They sent four notes to the judge, including a question about drug distribution, which the judge will answer after conferring with attorneys.
They went directly to the jury room and began deliberations around 9 a.m.