Sean ‘Diddy' Combs jury deadlocked after rapper's defense played ‘high stakes poker': legal expert
Two months after the trial kicked off, and nearly 14 hours into deliberations, jurors told Judge Arun Subramanian that they were unable to reach a unanimous decision on a racketeering charge.
Advertisement
The prosecution called more than 30 witnesses to the stand throughout seven weeks of testimony, while Diddy's defense team rested without calling any witnesses on their behalf — a move considered 'high stakes poker' by former federal prosecutor and Fox News contributor Trey Gowdy.
'Usually, when defense does not call witnesses, that defendant is called an inmate,' Gowdy explained. 'I've said that my entire career. That's a fancy way of calling someone an inmate. You gotta give the jury a reason for reasonable doubt and to simply say the prosecution hasn't met its burden … most jurors don't really understand what that burden is.'
He added, 'Gotta give the jury a reason for doubt and if you don't put up a very significant defense, all you do is cross-examine government witnesses, then you're going to be an inmate.'
Diddy told the court last week that it was his decision not to testify in his sex crimes case. The judge asked if Diddy understood he had the right to testify or not testify, and if he had discussed his rights with his attorney.
Advertisement
Diddy responded, 'Yes, thoroughly,' before admitting it was 'solely my decision' to not testify in his sex crimes trial.
4 Sean 'Diddy' Combs passes a note to his attorney Marc Agnifilo as U.S. District Judge Arun Subramanian gives legal instructions to the jury, during Combs' sex trafficking trial in New York City, New York, on June 30, 2025 in this courtroom sketch.
REUTERS
Jurors began deliberating on Monday, June 30, and of the five counts, could not agree on a verdict for the racketeering charge, one of the most serious counts against the disgraced music mogul. A federal RICO violation can result in a 20-year sentence.
The transportation to engage in prostitution charge could carry a sentence of up to 10 years, while sex trafficking by force, fraud or coercion may carry a 20-year sentence.
Advertisement
'It's very complicated — most lawyers cannot explain RICO, so to expect 12 people, average citizen jurors to understand a criminal enterprise, predicate acts … it's just a lot to ask,' Gowdy said. 'There's a reason to charge it even if you don't win. It opens evidentiary doors that might be closed, so lots of times prosecutors will charge something because it enables you to get extra evidence before a jury even though you don't really expect to get a guilty verdict on that count.'
Criminal defense attorney John W. Day, owner of the Santa Fe, New Mexico-based law practice John Day Law, told Fox News Digital that jurors may have had a difficult time comprehending the RICO charge.
'Was Diddy's high-flying and maybe disturbing lifestyle just that, or can you really pick out a criminal enterprise that is the equivalent of an organized crime family?' Day said. 'But tomorrow morning the judge will be hoping that after a night of thinking about it, the jurors will have second thoughts about a split verdict on RICO — one way or the other — and come back with a unanimous verdict on that most serious charge.'
Advertisement
4 Evidence Photos from the March 2024 raid at Diddy's Los Angeles mansion.
Department of Justice
Criminal defense attorney Nicole Blank Becker, who represented R. Kelly, explained that the predicate acts against Diddy were the 'building blocks' to establish a RICO charge. Whether a jury can agree on a verdict or not remains to be seen.
'So what happens is now they're forced to go back in there, and there's probably going to be a lot of frustration back there, more fighting back and forth,' Becker said. 'My understanding is that the jurors' verbiage was something to the effect of that they're at a point where there's unpersuadable opinions on both sides. So clearly some of the jurors thinking, 'Well, obviously he's guilty.''
The judge instructed the jury to continue deliberating for now. A second option would be to give supplemental jury instructions.
Lastly, the jury could return a partial verdict. However, Judge Subramanian said he is not considering the third option at this point, and chose to have a portion of the jury charge re-read.
Criminal defense attorney Eric Faddis, founding partner of Colorado-based Varner Faddis, agreed that the RICO charge was the most complicated of all the charges.
4 Sean 'Diddy' Combs attends Day 1 of 2023 Invest Fest at Georgia World Congress Center on August 26, 2023 in Atlanta, Georgia.
Getty Images
'The jury could be hung up on the different requirements of the charge, including the criminal enterprise element,' Faddis said. 'I suspect that may be a sticking point because the government didn't charge any co-conspirators and never called any other alleged members of this criminal enterprise.'
Advertisement
He added, 'At this point, it's unclear whether the partial verdict could give rise to any grounds for appeal.'
The government emphasized in their argument that Diddy ran an alleged criminal enterprise with full control. The prosecution pointed out that the jury heard testimony, saw texts, viewed bank records and heard audio allegedly showing the 'Last Night' rapper committing crime after crime for decades.
According to the prosecution, the government showed Diddy didn't take no for an answer. 'Up until today, Diddy was able to get away with crime because of money and power,' Assistant U.S. Attorney Christine Slavik said. 'That stops now.'
The verdict for the four counts reached came 'fairly quickly,' according to Austin-based criminal defense attorney Sam Bassett.
Advertisement
4 Video surveillance grabs show Cassie Ventura trying to sneak out of the hotel, but Diddy catching up to her in a towel and dragging her down the hallway.
U.S. Attorneys SDNY
'It seems the jury has struggled and spent most of their time debating the more serious and complex racketeering count,' Bassett noted. 'If I was the defense, I'd be concerned, but you never know what a jury will do. For this lengthy of a trial, a 13-hour deliberation is on the short side of expectations.'
When the jury was brought back into the courtroom, the judge asked them to keep deliberating, saying it is their duty to discuss among themselves and form opinions.
Judge Subramanian said the jurors must reach a unanimous verdict, but must not give up their convictions merely to return a verdict or satisfy the rest of the jurors. The jury was then dismissed back to the jury room. Court concluded after 5 p.m., and the jury was asked to return on Wednesday before 9 a.m.
Advertisement
'Both sides stated that they do not want to accept a partial verdict,' attorney David S. Seltzer told Fox News Digital. 'This forces the jury to render a complete verdict, which ultimately could lead to a hung jury on the count at issue if they cannot render a verdict on all counts, and thus lead to a possible retrial on the hung count.
'As for appellate issues, there will be many, and depending on how the case resolves, this may be another issue for appeal.'
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CNN
18 minutes ago
- CNN
Snake on a plane delays a flight in Australia
Snake on a plane delays a flight in Australia An unlikely hitchhiker made its way onto a plane in Melbourne, Australia, causing the flight to be delayed. 00:32 - Source: CNN The teens trying to make 'MAHA' cool Lexi Vrachalus and Grace Price are two of the young influencers behind the newly formed 'MAHA Girls' account. They're bringing their social followings and "Make America Healthy Again" influence together to recruit a younger cohort of MAHA devotees. CNN's Meena Duerson chats with the 19-year-olds about where the movement is going. 02:51 - Source: CNN Jury in 'Diddy' Trial Reaches Partial Verdict Jurors in Sean 'Diddy' Combs' federal criminal trial said they have reached a verdict on four of the five counts, but they cannot reach a verdict on Count 1, which is racketeering conspiracy. The judge has asked the jury to continue to deliberate. They will resume on Wednesday morning. 01:55 - Source: CNN Inside the courtroom during 'Diddy' trial partial verdict drama CNN's Kara Scannell explains what it was like inside the courtroom during Sean "Diddy" Combs' trial when the jury said they had reached a partial verdict, but were unable to reach a verdict on one of the five counts. The judge instructed them to continue deliberating. They will resume on Wednesday morning. 02:09 - Source: CNN Will Sean 'Diddy' Combs be convicted? Sean 'Diddy' Combs is facing five charges in a blockbuster sex trafficking trial, but will he be found guilty? CNN's Elizabeth Wagmeister asks former prosecutor Elie Honig to predict the outcome. 03:05 - Source: CNN See swarms of 'lovebugs' invade South Korea Video posted on social media shows thousands of 'lovebugs' blanketing hiking trails on the Gyeyangsan mountain. South Korea is wrestling with an outbreak of the insects, which have been driven into warmer urban areas like Seoul due to climate change, according to a 2022 study. 00:42 - Source: CNN The key testimony and evidence in Sean Combs trial, explained CNN's Laura Coates goes over the five counts hip-hop mogul Sean "Diddy" Combs is charged with, the key evidence and testimony presented to jurors, and how the defense disputes the allegations. 03:13 - Source: CNN Beyoncé's 'flying' car prop tilts midair A technical mishap led to Beyoncé's 'flying' car prop to tilt during a Cowboy Carter concert in Houston, with fans capturing the moment on video. The singer was quickly lowered down and without injury, according to Beyoncé's entertainment and management company. 00:57 - Source: CNN 'Cobra Kai' star Alicia Hannah-Kim accuses co-star of biting her "Cobra Kai" star Martin Kove allegedly bit co-star Alicia Hannah-Kim during a fan convention in Washington, claiming it was a joke, according to police. 03:02 - Source: CNN See Jonathan Anderson's highly anticipated Dior debut Jonathan Anderson, founder of JW Anderson, made his debut as creative director of Dior. His collection, Dior menswear Spring/Summer 2026, was showcased during Paris Fashion Week. 00:45 - Source: CNN What biohacker Bryan Johnson says is the most powerful drug in existence CNN's Boris Sanchez spoke with controversial biohacker Bryan Johnson about the impact of the medical experiments he's done and what he thinks is the most underrated aspect of health. 01:08 - Source: CNN See swarms of 'lovebugs' invade South Korea Video posted on social media shows thousands of 'lovebugs' blanketing hiking trails on the Gyeyangsan mountain. South Korea is wrestling with an outbreak of the insects, which have been driven into warmer urban areas like Seoul due to climate change, according to a 2022 study. 00:42 - Source: CNN Thousands defy ban on Budapest Pride Protesters in Budapest are marching against a ban on Pride events across Hungary. People came from 30 different countries to show support under scorching heat, organizers said. 00:53 - Source: CNN Two men reunite baby bird with its mother Two men were walking in their neighborhood when they heard chirping near a sewer. When they approached, they could see a baby bird trapped inside the sewer. 01:17 - Source: CNN Iowa anchor has been missing for 30 years CNN's Randi Kaye investigates the mystery of journalist Jodi Huisentruit's disappearance in 1995. Now thirty years later, police are still tracking down clues. 01:31 - Source: CNN Newlyweds Bezos and Sanchez spotted on boat ride CNN's Melissa Bell reports from Venice, Italy, following newlyweds Jeff Bezos and Lauren Sanchez as they wave at spectators during their boat ride through the city. 00:45 - Source: CNN Brad Pitt's home burglarized The Los Angeles Police Department said a break-in occurred at a house in the Los Feliz neighborhood. A law enforcement source familiar with the investigation confirmed to CNN that it belongs to actor Brad Pitt. 00:32 - Source: CNN See moment suspect lights fire on Seoul subway CCTV footage released by the Seoul Southern District Prosecutors' Office captures the moment a man lit a fire on a busy subway in the South Korean capital last month. The footage, from May 31, shows passengers running away after the suspect doused the floor of the train carriage with flammable liquid before setting it alight. Reuters reports that according to the prosecutors' office, six people were injured. The prosecutor's office says it charged the 67-year-old man with attempted murder and arson. 00:48 - Source: CNN Fireball spotted across the sky A 'daytime fireball' was caught on video in the sky over South Carolina – causing a sonic boom, according to the American Meteor Society. CNN has reached out to emergency management officials in North Carolina and Tennessee, as well as NASA for comment. 00:36 - Source: CNN
Yahoo
24 minutes ago
- Yahoo
Ask an attorney: A federal criminal defense lawyer breaks down the 'Diddy' verdict
A jury in New York City found Sean 'Diddy' Combs guilty on Wednesday of just two of the five federal criminal counts brought against him in a high-profile trial that lasted about seven weeks. Combs was found guilty of prostitution-related offenses, but was acquitted of the more serious charges he faced for sex trafficking and racketeering. The 12-member panel of jurors spent more than 12 hours over three days deliberating the case. On Tuesday afternoon, the jury had said it came to an agreement on counts two, three, four and five — sex trafficking by force, fraud or coercion regarding Victim 1 (Cassie Ventura) and Victim 2 ('Jane Doe'), as well as transportation to engage in prostitution — but that they were unable to reach a verdict on count one: racketeering conspiracy. Combs was ultimately found guilty on counts three and five. He was found not guilty on counts one, two and four. Judge Arun Subramanian will now decide whether Combs will be released from custody as he awaits sentencing. The hip-hop mogul faces a maximum sentence of 20 years in prison. Had he been convicted of the sex trafficking or racketeering charges, Combs could've been sentenced to life in prison. Combs's defense team, in a letter to Subramanian, proposed that he be released on $1 million bond and required to turn over his passport and submit to drug testing. Yahoo spoke to Molly Parmer, a federal criminal defense lawyer based in Atlanta, to better understand the verdict in this case. Her answers have been lightly edited for length and clarity. Molly Parmer: Personally, I am not surprised by the verdict. I did not see persuasive evidence and testimony of a racketeering conspiracy presented by the government, nor did I see persuasive evidence or testimony that showed beyond a reasonable doubt that Combs engaged in sex trafficking through force and coercion. The charges he was convicted of, 18 USC 2421(a)(2), were the least serious in his indictment and the easiest to prove. I believe the jury did their job as instructed, and even if they found 'freak-offs' to be immoral or indecent, they followed the judge's instructions, looked at the elements of the offenses as charged, and did not see evidence beyond a reasonable doubt that Combs engaged in a racketeering conspiracy or sex trafficking by force or coercion. To prove a violation of 18 USC 1591 (the federal sex trafficking statute) when minors are not involved — as was the case here — prosecutors have to prove both the occurrence of sex trafficking and the defendant's intent. Sex trafficking is defined as the recruitment, harboring, transportation, or obtaining of a person for a commercial sex act through coercion or force. Coercion is defined as threats of serious harm or physical restraint. The section of this code that Combs was charged under is a different section than the one that criminalizes trafficking children — that one does not require coercion or force. 18 USC 2421(a)(2), which is part of the Mann Act, outlines the offense of transporting individuals across state lines with the intent to engage them in prostitution. To prove this charge, the government must show that the defendant knowingly transported an individual with the specific intent of having the individual engage in a prohibited sex activity. The statute does not require force or coercion. Essentially, helping someone travel across state lines — paying for a flight, for example — so that they can engage in prostitution, is enough for a conviction under the statute. The key difference between a violation of the Mann Act and a violation of the federal sex trafficking statute, as charged in Combs's indictment, is the presence of force and coercion. A violation of the Mann Act does not require any force or coercion. It just requires interstate transportation. I wouldn't say that the bar is high for a jury to find a defendant guilty of RICO charges. I think it is appropriate to make the government prove every element of every offense beyond a reasonable doubt. I also think that prosecutors' offices are bringing RICO charges at a level which we've never seen before, and to address conduct which the statute was not designed to reach. The Racketeering Influenced and Corrupt Organizations (RICO) Act was designed to combat the Mafia. These days, we see it used against any loosely associated group of individuals who are charged with other crimes. Over a decade ago in Georgia, it was successfully used to prosecute a group of public school teachers who changed their students' answers on standardized tests. I think it's easy for the prosecution to lay out a RICO offense to a jury because, rather than just charging the underlying crimes (the RICO predicates), the government gets to add an additional charge — the RICO conspiracy itself — and can get into a lot of evidence and testimony which would otherwise be irrelevant or prejudicial. The government can make a defendant seem far more dangerous than they are by alleging that the defendant is involved in a criminal enterprise. The risk for the prosecution comes when they simply don't have a RICO case — they don't have a racketeering conspiracy or a criminal enterprise — but they push the charge nonetheless. I believe that's what happened here. This is a win for Combs because he was convicted only of the least serious charges in the indictment against him. His two convictions are under a statute that carries no mandatory minimum, and the United States Sentencing Guidelines are fairly low for these offenses. I think the defense also proved to the jury that Combs was not running a criminal enterprise or engaging in sex trafficking simply because he was having illicit sex parties and participating in a so-called swinger lifestyle. Certainly, some of the evidence as it related to sex trafficking by force and coercion was complicated. You had two victims who testified that they suffered domestic violence from Combs, but domestic violence is not a federal offense. Other witnesses (and these victims on cross-examination) provided testimony that sounded as though the victims were occasionally willing participants at Combs's parties. Witness credibility is for the jury to decide, and like any jury, this jury was free to disregard testimony it did not believe. But certainly, being convicted of only the two least serious offenses in the indictment is a win for Combs and his defense team. Federal sentencing is very complicated. Next, Combs will be interviewed for a presentence investigation report ("PSR"). Both the prosecution and the defense will have an opportunity to make objections and corrections to that report. Both parties will file sentencing memoranda, and a very involved sentencing hearing will occur a few months from now. Sentences for federal offenses are determined by the United States Sentencing Guidelines, and violations of the Mann Act are typically covered by Section 2G1.1. Those guidelines are fairly low, assuming Combs does not end up having additional adjustments under the guidelines, which increase his sentencing exposure. I think it's likely that the defense is going to ask for a sentence of time served.
New York Post
40 minutes ago
- New York Post
Former FBI Director James Comey's daughter Maurene suffers high-profile loss as prosecutor in Diddy trial
Assistant U.S. Attorney Maurene Comey played a leading role on the eight-member team that prosecuted rapper Sean 'Diddy' Combs in a sex trafficking and racketeering trial that came to a close Wednesday with mixed results. The daughter of former FBI Director James Comey, Maurene Comey faced a setback when the jury found the performer not guilty of some of the most serious charges, including racketeering conspiracy and sex trafficking. However, the jury did side with prosecutors on two counts, finding Combs guilty of violating the Mann Act of 1910 by transporting women across state lines for prostitution. Maurene Comey was a prosecutor in the Jeffrey Epstein trial prior to his death in prison and also had a lead role in Ghislaine Maxwell's trial. She leads the violent and organized crime unit in the U.S. Attorney's Office for the Southern District of New York (SDNY). SDNY is the same stepping stone her father, James Comey, used to catapult himself to national prominence. 3 Maurene Comey arrives at the Federal courthouse during the Sean 'Diddy' Combs' sex trafficking and racketeering conspiracy trial at U.S. court in Manhattan, in New York City, U.S., May 21, 2025. REUTERS The ex-FBI director and prominent Trump foe worked similarly as a federal prosecutor there in the 1980s, when noted Trump ally Rudolph Giuliani was the Reagan-appointed U.S. attorney. He returned to Manhattan in the 2000s after former President George W. Bush appointed him to the role once held by 'America's Mayor.' Lately, the elder Comey received blowback for posting a photo of stones on a beach in the shape of '86 47,' which many observers considered to be a wish for President Donald Trump's death – with '86' being a cipher for 'kill' and '47' denoting Trump as the 47th president. 3 Sean 'Diddy' Combs listens as prosecutor Maurene Comey makes her closing arguments during Combs' sex trafficking trial in New York City, New York, U.S., June 27, 2025, in this courtroom sketch. REUTERS In court, Maurene Comey offered the prosecution's rebuttal prior to the jury being sent off to deliberate the charges against Combs. Maurene Comey argued from the dais that Combs 'never thought the women he abused would have the courage to speak out loud what he had done to them,' and suggested the rapper believed he was 'untouchable.' She also offered arguments that Combs had been involved in firebombing a Porsche owned by rapper Scott 'Kid Cudi' Mescudi, according to TMZ. 3 Maurene Comey questions 'Jane' during Sean 'Diddy' Combs' sex trafficking trial in New York City, New York, U.S., June 9, 2025 in this courtroom sketch. REUTERS Every morning, the NY POSTcast offers a deep dive into the headlines with the Post's signature mix of politics, business, pop culture, true crime and everything in between. Subscribe here! At the close of the trial, Maurene Comey argued to Judge Arun Subramanian that Combs should be denied the bond requested by defense attorney Marc Agnifilo. 'There is serious relevant conduct here that will merit a lengthy period of incarceration,' she said, according to the New York Post. While occupationally a proverbial chip off the old block, Maurene Comey has remained largely silent during James Comey's recurring controversies, from his '86 47' post that drew demands for investigation by the Secret Service to his rhetorical battles with Trump.
