Diddy jury to enter third day of deliberations after verdict deadlock

(NewsNation) — Jurors are set to deliberate for a third day Wednesday in the criminal case against Sean “Diddy” Combs after they were unable to reach a consensus on the racketeering charge and were instructed by the judge to keep talking.

Tuesday's deliberation ended in a deadlock after the jury told Judge Arun Subramanian that they reached a unanimous verdict on sex trafficking and transportation to engage in prostitution charges, but not on racketeering.

In a note to the judge, the jury said that “there are jurors that are unpersuadable on both sides” regarding that charge.

Subramanian instructed the jury to keep deliberating, but to “not surrender” their personal opinions. 

Attorneys on both sides had asked Subramanian to direct the jury to continue talking through the final charge.

Prosecutors wanted the judge to deliver a modified Allen charge, but defense attorneys said the first move should be to ask jurors to keep going. An Allen charge is an instruction by the judge reminding the jurors of how much time and money has gone into the case and how imperative it is that they reach a decision.

There is a possibility the case could produce a partial verdict, which occurs when a jury reaches a decision on some of the charges or defendants in a trial, but not all of them. Subramanian noted to the jurors that juries have a right to deliver a partial verdict.

Combs has been charged with one count of racketeering conspiracy, two counts of sex trafficking and two counts of transportation to engage in prostitution. He's pleaded not guilty.

Racketeering and sex trafficking charges carry a maximum sentence of life in prison. The sex trafficking charge carries a mandatory minimum sentence of 15 years. 

Transportation for purposes of prostitution carries a maximum sentence of 10 years.

Jury notes to the judge in Diddy trial

Since beginning deliberations Monday, the jury has returned several notes to the judge with questions, concerns and requests.

On Tuesday, they requested transcripts from the testimonies of Casandra “Cassie” Ventura, Combs' former girlfriend, and Daniel Phillips, a male escort who said he was involved in sex parties deemed “Freak Offs” at Combs' behest.

Specifically, they asked for Ventura’s testimony on a 2016 incident in which Combs was seen on video brutally beating her at the InterContinental Hotel in Los Angeles. They also asked for her testimony regarding Combs’ threat to release “Freak Off” videos of her while they were on a flight home from the Cannes Film Festival.

They also asked for Phillips’ testimony about the “Freak Offs” with Ventura. Phillip testified that Combs had paid him to have sex with Ventura while he watched.

Jurors also asked the judge to clarify the legal definition of drug distribution, specifically whether handing over controlled substances upon request constitutes distribution.

“Referring to page 37 of the jury 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 jury wrote.

Diddy trial: Potential roadblock with Juror 25

The jury hit a potential roadblock just one hour into deliberations Monday. The foreperson sent a note to Subramanian, stating that Juror 25 may be having issues following instructions the judge had just read to them.

Subramanian responded, instructing the panel to deliberate and to follow his instructions. 

Jurors have been provided with a laptop loaded with all of the exhibits shown in court, including text messages, photographs and videos of the sexual encounters at the heart of the case.

Combs has pleaded not guilty to one count of racketeering conspiracy, two counts of sex trafficking and two counts of transportation to engage in prostitution.