Diddy trial jurors face unrealistic expectations, failure to sequester was a mistake: expert

Fox News

13 hours ago

Jury deliberations stalled early Monday in Sean "Diddy" Combs' federal trial for sex crimes when a juror had a difficult time following instructions given by Judge Arun Subramanian.
Multiple notes were sent back from the jury only hours after Judge Subramanian provided detailed instructions for the 12 jurors deciding Diddy's fate.
The "Last Night" rapper's trial previously faced issues within the jury pool when the judge dismissed one juror in early June, while another juror was under scrutiny, but remained on the case.
Problems within the jury could have been avoided, according to attorney David S. Seltzer, who told Fox News Digital that simply sequestering the jurors throughout the duration of the seven-week trial could have prevented additional issues reaching a verdict.
"I don't see how people are not influenced by outside factors," Seltzer said. "We live in a technology world where everyone wants their information now. I know the jury was instructed not to read anything, but I don't think that was realistic given the length of the trial."
Seltzer noted that not sequestering the jury was a mistake. "I have been saying from day one that it is impossible to tell people to stay off media and/or computers for six weeks-plus, when people are addicted to their devices. I think the court is relying on the admonishment, but respectfully turning a blind eye."
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The jury sent two notes to the court throughout the five and a half hours of deliberations. The first note from the jury claimed one juror could not follow Judge Arun Subramanian's instructions.
After a lengthy discussion on what to send back to the jury, Judge Subramanian adopted the language for the note proposed by the prosecution. The note sent read, "I received your note. I remind every juror of their duty to deliberate and their obligation to follow my instruction on the law. With that instruction in mind, please continue deliberating." The note also explained not to include specific details about deliberations in any future notes.
"Courts will always push a jury to get to a unanimous verdict, but at the end of the day, it is up to the jury if they think they can get there," Seltzer noted. "Often times when there are issues within the jury, they cannot get there, and it ends up in a hung jury."
Right before the end of the court day, the jury asked for clarification regarding the alleged distribution of drugs. "If a recipient asks for a controlled substance, and another person hands it over to them, are they distributing?" The judge told the court that the jury would be given an answer on Tuesday.
While sequestering a jury — essentially isolating the 12 jurors and six alternates assigned to the case from the outside world — can be challenging, the process may prove to be essential in eliminating external influences.
Albany-based criminal defense attorney Paul DerOhannesian explained to Fox News Digital that jurors may have been swayed by the Internet and access to social media.
"Unfortunately, courts are reluctant to utilize one of the few tools historically used to inoculate jurors against external sources of information during a trial or deliberations — sequestration," DerOhannesian said. "We did see sequestration of the jury in the Casey Anthony and OJ Simpson trials. Sequestration in a federal trial is virtually non-existent in recent history."
WATCH: THE DIDDY CASE CAN 'ABSOLUTELY' BE RETRIED IF THERE IS A HUNG JURY, SAYS CRIMINAL DEFENSE ATTORNEY
John J. Perlstein, a Los Angeles litigator, admitted it would be "naïve to believe that jurors universally adhere to these instructions and not read up on the situation they find themselves in."
"I don't believe that any jury needs to be sequestered unless it is a safety concern," Perlstein added. "The instructions are what they are. The jurors are admonished daily, and all one can hope is that they abide."
Diddy remained in the courtroom for about 20 minutes after the judge decided to provide the jury with the government's proposed response to their first letter. He was sitting at the defense table with his attorneys. On his way out of the courtroom, he held up the two books he had with him. One is, "The Power of Positive Thinking." The other is "The Happiness Advantage."
The jury was sent to deliberate around 11:30 a.m. ET by the federal judge after lengthy instructions. Authorities charged Diddy with racketeering, two counts of sex trafficking and two counts of transportation to engage in prostitution. If convicted, he could face life in prison.
A 12-person jury comprised of eight men and four women will make the decision on whether to convict Diddy of federal crimes or let the fallen music mogul walk free following a seven-week trial.
Prosecutors began closing arguments Thursday with a focus on Diddy's alleged stance as the leader of a criminal enterprise, a point they've attempted to drive home to the jurors with more than 30 witness testimonies.
The rapper's defense team, headed by Marc Agnifilo, argued Friday that the prosecution's evidence proved that the government was unfairly targeting Diddy and insisted he was innocent of the charges.
If found guilty, the rapper faces a minimum of 15 years behind bars and a maximum sentence of life in prison. Diddy has maintained his innocence throughout the trial.