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

Deliberations have resumed this morning in the sex trafficking and racketeering conspiracy trial of Sean “Diddy” Combs.

Combs is seated alone at the defense counsel table this morning, flipping through a large book and appearing to take notes. The first three tables in the courtroom – normally filled by prosecutors and defense attorneys during the bulk of the trial – are empty except for Combs. His lawyers are huddled together on the side of the courtroom.

In a cliffhanger ending on Tuesday, the jury reported that they had reached a verdict on four of the criminal counts against Combs – two counts each of sex trafficking and transportation to engage in prostitution – but were unable to reach a verdict on the racketeering conspiracy charge. The outcome of the four verdicts reached on the sex trafficking and prostitution charges were not announced in court.

“We are unable to reach a verdict on Count One, as we have jurors with unpersuadable opinions on both sides,” the foreman wrote in a note sent to U.S. District Judge Arun Subramanian.

To convict on the racketeering conspiracy charge, the jurors were previously instructed that they need to believe beyond a reasonable doubt that Combs worked with at least one other person to commit two underlying crimes. Prosecutors allege those underlying crimes – known as “predicates” or “racketeering acts” – include kidnapping, arson, bribery, witness tampering, forced labor, sex trafficking, transportation for the purposes of prostitution, and drug distribution.

“What the government must prove is that there was a mutual understanding, either spoken or unspoken, between two or more people to cooperate with each other to accomplish the unlawful object,” Subramanian told the jury on Monday during his instructions on the law prior to the start of deliberations.

After the jury reported their impasse Tuesday, Subramanian urged them to continue deliberating on the racketeering conspiracy count.

“Again, your verdict must be unanimous, but you are not bound to surrender your honest convictions concerning the effect or weight of the evidence for the mere purpose of returning a verdict or solely because of the opinion of other jurors,” he told the jury. “Each of you must make your own decision about the proper outcome of this case based on your consideration of the evidence and your discussions with your fellow jurors. No juror should surrender his or her conscientious beliefs for the purpose of returning a unanimous verdict.”

Since the jury got the case on Monday they have deliberated for more than 13 hours.

The jury sent back a note saying they plan to go home for the day.

The jury will return at 9 a.m. on Wednesday to resume deliberations.

"Make sure to keep an open mind as you continue your deliberations," Judge Arun Subramanian told the jury before sending them home. "I wish you all a great evening."

Combs maintained his composure when the jury was in the room.

Before the judge and jury entered, half a dozen lawyers huddled around Combs. He appeared to wipe his eyes after he grasped a copy of the jury's note. Defense attorneys Anna Estevao and Teny Geragos stood around him with their arms wrapped around each other, while another lawyer appeared to touch Combs' shoulders.

Judge Arun Subramanian brought the jury back into the courtroom and told them to continue deliberating.

He said if they want to go home for the day and resume their deliberations in the morning, he instructed them to send back a note.

Sean Combs stood with his hands in his pockets as the jury exited.

Judge Arun Subramanian said he plans to read back a portion of the jury instructions to encourage further deliberations. The jury is not yet in the courtroom.

Subramanian said he will read to the jury: "It is your duty as jurors to consult with one another and to deliberate with a view to reaching an agreement. Each of you must decide the case for himself or herself, but you should do so only after a consideration of the case with your fellow jurors, and you should not hesitate to change an opinion when convinced that it is erroneous. Discuss and weigh your respective opinions dispassionately, without regard to sympathy, without regard to prejudice or favor for either party, and follow my instructions on the law."

"Again, your verdict must be unanimous, but you are not bound to surrender your honest convictions concerning the effect or weight of the evidence for the mere purpose of returning a verdict or solely because of the opinion of other jurors. Each of you must make your own decision about the proper outcome of this case based on your consideration of the evidence and your discussions with your fellow jurors. No juror should surrender his or her conscientious beliefs for the purpose of returning a unanimous verdict."