After one juror in Sean “Diddy” Combs’ federal trial was dismissed Monday, questions arose surrounding potential problems with another member of the jury.
The U.S. Attorney’s Office noted in a letter filed Monday that while it does not oppose additional fact-finding measures for a second juror due to possible communications with a former colleague regarding jury service, the government does not agree with Diddy’s legal team, who argued in support of excusing the juror.
Attorney David S. Seltzer exclusively told Fox News Digital that this jury problem could have been completely avoided had Judge Arun Subramanian asked to sequester the jury from the beginning of the rapper’s sex crimes trial.
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Seltzer said that issues within the jury create a number of problems because “now you have a juror who’s tainted,” he opined.
“He or she is discussing the facts of this case outside the presence of the jury, as instructed by the court, which, again, circles back to day one of this trial,” Seltzer surmised. “Why wasn’t the jury sequestered?”
It’s unclear what the possible communications are at this point, and the prosecution and defense are expected to address the issue on Tuesday.
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“To avoid these issues, the jury is not supposed to look at social media. The jury is not supposed to read the news. The jury was instructed not to discuss it on the train, not to talk to your husband or wife or partner, to basically live in a bubble for all this time,” Seltzer added.
Seltzer added, “It’s impossible. It’s an impossible task that the judge has asked these people to do, and the fact that no juror has been dismissed at this point for cause based on their violation of these rules to me is the most shocking.”
Former federal prosecutor Neama Rahmani agreed that jurors are supposed to follow rules of the court, or face the consequences.
“Talking about the case is strictly forbidden,” Rahmani told Fox News Digital. “The juror can say they are seated on a panel and give the anticipated length of the trial, but that’s about it. If a juror is speaking about the case in violation of their oath, that is grounds to have them removed and replaced with an alternate.”
Before testimony began Monday, juror No. 6 was dismissed from the case and replaced by the first alternate juror. Discussion about dismissing juror No. 6 began last week after the prosecution pointed out inconsistencies in statements regarding his residency.
On Friday, the prosecution said juror No. 6 in Combs’ trial disclosed that he recently moved to New Jersey with his girlfriend and has been staying there for most of the trial. When he was questioned behind closed doors, the juror said he was staying in New York four to five nights. He also said his daughter was born in New Jersey and lives there, but he lives in New York City.
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“There is nothing the juror can say at this point that can put the genie back in the bottle and repair his credibility …” the judge said in court ahead of trial testimony.
As to the concerns about diversity, Judge Subramanian said this jury does not raise those concerns. Combs’ legal team had asked to keep the juror due to his ethnicity and requested a mistrial should the juror be dismissed.
Judge Subramanian also noted there was no evidence of prosecutorial misconduct.
Despite issues within the jury pool, Seltzer noted that Diddy’s legal team has, thus far, done a “great job” with his defense.
“I don’t believe they want a mistrial at this point,” Seltzer said. “They’re going to make their motions for mistrial pursuant to the law. The judge is going to deny them, and what they’re doing is preserving their remedies for appeal. But ultimately again, I don’t see the government meeting their burden beyond a reasonable doubt.”
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In addition to a former Bad Boy Entertainment employee, Diddy’s alleged drug mule, Brendan Paul, is expected to testify Tuesday. Paul was granted immunity for his testimony, and the prosecution is expected to wrap before the end of the week.
Seltzer doesn’t believe Diddy will take the stand and testify, as the defense will likely “limit their case to very minimal experts and witnesses.”
“The government hasn’t met their burden. They’re trying to convict Mr. Combs for being a bad actor,” Seltzer said. “That doesn’t mean he violated the law in federal court.”
He added, “As much as you might think he is a monster, or a woman batterer, he didn’t commit racketeering and he didn’t commit sex trafficking because all these witnesses brought in before the jury here have all talked about how they consented.”
In a federal indictment unsealed on Sept. 17, Combs was charged with racketeering conspiracy (RICO); sex trafficking by force, fraud or coercion; and transportation to engage in prostitution. If found guilty, he faces a minimum of 15 years behind bars or a maximum sentence of life in prison.
He has maintained his innocence throughout the trial, in which witnesses have testified to alleged rape, sexual assault, severe physical abuse, forced labor and drug trafficking. The trial is expected to wrap by July 4.
