After a week of arguments between prosecutors and the rap mogul’s defense team, a juror in Sean “Diddy” Combs’ sex trafficking and racketeering trial has been dismissed after the Southern District of New York judge overseeing proceedings announced there were discrepancies in where the juror resides, saying he showed a “lack of candor” with the court.
U.S. District Court Judge Arun Subramanian dismissed Juror No. 6 on Monday morning after telling the court that “concerns about his candor and whether he shaded answers to get on and stay on the panel” led to his decision. Whether Juror No. 6, a Black male, lives within New York and, therefore, in the bounds of the Southern District of New York, or lives with his girlfriend in New Jersey, was the question. He had indicated New York residency in jury selection, but was overheard discussing residing in New Jersey at one point. Upon questioning, he said he lives in his Bronx apartment during the week and spends weekends in New Jersey with his daughter and her mother.
“There are serious questions about the juror’s candor and the juror’s ability to follow the court’s instructions,” Subramanian said, emphasizing that an individual who appears to have a personal agenda must not sit on a jury. “Removal of the juror is required, in this court’s view.”
The dismissal of the juror is another win for federal prosecutors. Last week, lead prosecutor Maurene Comey had requested that the juror be dismissed for what she described as “a lack of candor.” Combs’ defense team is crying foul and, for a third time, has asked for a mistrial, pointing out that the dismissed juror is of the same gender and race as the defendant. In a letter to the judge from the entire defense team, they wrote that the jurors’ inconsistencies over his residence were “likely completely benign.”
Add their statement, “The government’s motion must be evaluated in light of the entire history of this investigation and prosecution, and not in isolation. Unfortunately, when considered against that background, it is impossible to believe that this motion is merely a good-faith attempt to raise a valid question about the juror’s integrity rather than an effort to take advantage of an opportunity to strike yet another Black male from the jury.”
The alternate juror who will replace Juror No. 6 is a 57-year-old white male accountant from Westchester County in New York.
Meanwhile, questions have arisen around another juror hearing the case, this time over conversations he may have had with a colleague. Judge Subramanian questioned the juror on Friday and gave him his phone. As of Monday morning, no determination has been made on his potential dismissal.
Combs was arrested in September and is facing five criminal counts in the federal trial, which has now entered its sixth week after a May 5 start date. The charges include one count of racketeering in conspiracy, two counts of sex trafficking by force, fraud or coercion and two counts of transportation to engage in prostitution. He has pleaded not guilty and denied all charges.
The trial was originally said to last eight weeks and appears to be running on time, despite this and other setbacks. Prosecutors were expected to rest their case on Wednesday and Judge Subramanian has consistently said he wants to have the case to the jury and ideally have it wrapped up before the July 4 holiday.
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