Sean 'Diddy' Combs trial updates: Bail denied due to 'propensity for violence'

Jurors in the trial of Sean Combs return to Manhattan federal court today for their first full day of deliberations after sending several notes to the judge on Monday.

Little more than an hour into deliberations, jurors sent a note to Judge Arun Subramanian that said they were concerned that one of them, Juror #25, “cannot follow your honor’s instructions.” The note didn't say what led the other jurors to raise concerns. The judge sent back his own note reminding the jury that they have a “duty to deliberate” and an “obligation to follow my instructions on the law.”

Then several hours later, the jury sent another a note asking for clarity about the drug allegations that underpin the racketeering conspiracy charge.

“If a recipient wants, requests, or asks for controlled substances, and an individual hands over controlled substances to the requester, has the individual who hands over the controlled substances distributed?” the note said.

The note specifically referenced page 36 of the jury instructions, which reads: “The elements of distributing or possessing with intent to distribute a controlled substance are: 1. The conspirator distributed a controlled substance, or possessed a controlled substance with intent to distribute it; 2. The conspirator did so knowingly and intentionally; and 3. The substance was in fact a controlled substance.”

The verdict form instructed jurors to consider the drug offenses and the other racketeering predicates “if and only if” they find Combs guilty of racketeering conspiracy.

Prosecutor Maurene Comey argued that the judge should tell the jury that someone asking for drugs does not have an impact on how the jury should view the allegations. Whether or not the drugs were requested, she argued, does not change that the actions amount to illegal distribution of a controlled substance. Comey had previously argued that the jury can convict Combs for racketeering conspiracy based on two instances of narcotics distribution alone.

“There is clearly some misunderstanding about what the recipient thought or did. It doesn't,” Comey told the judge.

Combs’ attorneys requested more time to consider how to respond to the question.

Judge Subramanian brought the jury back into the courtroom, thanked them for their service and reminded them to avoid any news about the case. He also told them that they would have an answer to their question about narcotics distribution by Tuesday morning.

There have been about five-and-a-half hours of deliberations so far. Jurors were instructed on Monday to arrive at court Tuesday and go straight to the jury room to resume their deliberations at 9 a.m. Subramanian will convene the attorneys this morning to discuss his response to the jury’s question about the drug allegations.

The jury has concluded their deliberations for the day, the foreperson said in a note.

“We will end at 5 p.m. and resume at 9 a.m. tomorrow,” the note said.

The jury also sent a separate note regarding how to understand the narcotics distribution allegations Combs faces.

The jury has sent their third note of the day to the judge after more than five hours of deliberation.

The first note indicated their choice of foreperson, and the second note concerned a juror who could not follow the judge’s instructions, according to the note from the foreperson.

The contents of the note were not immediately known.

Judge Arun Subramanian said he plans to instruct the jury to continue deliberating and follow his instructions regarding the law.

He suggested he might offer firmer instructions on the law if the issue with Juror No. 25 continues.

Both sides offered slightly competing proposals to respond to the note, with the government’s proposal encouraging jurors to firmly stick to the original instructions on the law.

“Having received both parties' proposals, I would note that in large part they are the same,” Subramanian said. “The issue I have with the defense proposal is it suggests … that the issue raised is not an issue of any concern and that the jury should return to deliberations.”

Judge Subramanian said he plans to put the government’s proposal language on court letterhead and provide it to the jury.

The jury foreperson sent a note to the judge after 70 minutes of deliberations, stating that the juror in question "cannot follow your honor’s instructions" and requesting that the judge address the issue.