Sean 'Diddy' Combs trial adjourned due to sick juror; testimony resumes Friday

One-time Syracuse University basketball player Brendan Paul, a former Sean Combs associate, is expected to be the last fact witness for the prosecution when he testifies today.

Paul, who received immunity in exchange for his testimony, is expected to face questions about allegedly procuring drugs for Combs.

Federal prosecutors have said they could rest their case as soon as Wednesday with a final summary witness.

Defense attorneys said their case could last two to five days.

“It could be shorter than two. We’re making adjustments as we go,” defense attorney Marc Agnifilo said.

If the defense case is short, Judge Arun Subramanian said, “We could be looking at charging the jury next week.”

That remark prompted the judge to joke, “I’ll get some of that Celsius the kids are drinking,” referring to an energy drink, so that he can prepare his final instructions to the jury.

Judge Arun Subramanian called prosecution and defense parties together early Tuesday before testimony began and threatened possible sanctions regarding an unspecified published article, which he said violated the court’s gag order.

An article, the origin of which also was not specified, allegedly contained information that Subramanian said “necessarily involved the court’s sealing order.”

The judge sealed the courtroom briefly on Friday to discuss an issue concerning a juror, separate from the former juror No. 6, who was excused for what Subramanian said were "serious concerns as to the juror’s candor" when questioned prior to his selection. In a subsequent letter, portions of which were redacted, prosecutors said the issue with the second juror involves “communications with his former colleague” over his jury service.

When federal prosecutors and Sean Combs’ defense attorneys claimed ignorance, Subramanian declared, “Someone’s lying.”

The judge said a violation of his sealing orders or his gag order “may result in civil and criminal contempt charges.” He pledged to “swiftly investigate and punish any violations that take place.”

Subramanian said he held lead counsel – Maurene Comey for the government and Marc Agnifilo for the defense – personally responsible for the conduct of their teams.

“There’s no passing the buck anymore. The buck stops with you. If anything happens then lead counsel is responsible,” Subramanian said. “If a judge in this court were to write an opinion documenting lead counsel’s violation of court’s orders, that would be a bad thing.”

Subramanian also threatened to compel the attorneys to testify in a court and to conduct an examination of their electronic devices.

“This is the only warning I will give,” the judge said.

When court ended for the day, the defense asked Judge Arun Subramanian to explain what, if anything, the jury was told about the dismissal of juror No.6 following questions about his candor.

Judge Subramanian said he would find out and inform the parties before court begins on Tuesday.

The judge did not address an issue with a second juror, which was the subject of a discussion when the courtroom was briefly closed to the public Friday.

The issue was not disclosed but involves alleged “communications with his former colleague” regarding his jury service, according to a letter from prosecutors.

The jury donned headphones and spectator screens went dark while the prosecution played excerpts of "freak-off" videos for the jury.

The videos were taken from a laptop turned over to prosecutors by Cassie Ventura, Sean Combs' former girlfriend.

The jury saw the footage after federal prosecutors sought to establish Ventura’s presence in hotels in New York City, to which they say travel was also arranged for male escorts for the purpose of participating in "freak-off" sex encounters.

One video lasted 39 minutes, 10 seconds, though the jury saw only a portion.

The jury also was shown a text exchange from 2013 between Combs and Ventura in which he texted, “Want to celebrate Christmas and have a 'freak-off?'”

The prosecution also presented subsequent text messages that summoned four escorts to the L’Ermitage Hotel in Beverly Hills, Calif.

Court has adjourned for the day.