A juror in Sean “Diddy” Combs’ criminal sex-trafficking trial was dismissed by the judge on Monday.
Juror No. 6, a 41-year-old Black man who said during the jury selection process known as voir dire that he was a fan of ’90s hip-hop and reggaeton, was removed by US District Judge Arun Subramanian after the judge said he had reservations about the juror’s inconsistent statements concerning where he lived.
Subramanian said he was concerned the juror was trying to shade his answers in order to remain a juror in the hip-hop-mogul’s federal trial in Manhattan.
“There are serious questions about the juror’s candor and the juror’s ability to follow the court’s instructions,” Subramanian said on Friday.
The man was one of three people on the jury who said they enjoyed hip-hop.
The dismissed juror was replaced by an alternate juror, a 57-year-old white father from Westchester. The new juror said during jury selection that he’s partial to ’70s funk and classical jazz and that his son “has gotten me into country.”
The jury now has four Black jurors instead of the originally chosen five.
The removed juror told the judge during voir dire that he lived in the Bronx with his girlfriend and their daughter. During the trial, however, he made an offhand remark to a court employee that he’d moved to New Jersey.
The court employee brought this information to Subramanian’s attention.
In at least two behind-closed-door sessions last week, the former juror No. 6 was asked to clarify where he lived. He continued to give inconsistent answers while under questioning by the judge in front of the parties and outside the presence of other jurors or the public.
The dismissed juror was removed despite repeated objections from Combs’ defense lawyers, who argued that it was racist to remove a Black juror and replace him with a white one.
Combs’ lawyer, Xavier Donaldson, had asked Friday that the judge bring in juror No. 6 to clarify his inconsistencies once again, but the judge declined, saying he had already been questioned about it twice.
“I think that is of paramount importance, sometimes above just about all else, that we have a jury that is representative of who they’re making decisions against, particularly in this city,” Donaldson said.
None of the parties said that the original juror No. 6 should be kicked off the jury because of his residency. It was the man’s inconsistent statements that raised a red flag for the judge.
“Even if as a technical matter this juror would be qualified to be a juror, is that the changing answers and inconsistency give the court worry about deception and lying,” Subramanian said Friday.
On Monday, the judge told the defense and the prosecution that racism had nothing to do with the juror’s removal. The judge added that it would instead be racist if he kept the juror for reasons of diversity despite the juror’s inconsistent residency statements.
The former juror has had experience with the criminal justice system. He said he worked at a city-run jail in Manhattan.
He also said he previously pleaded guilty to misdemeanor insurance fraud related to his seeking physical therapy following a car crash.
The juror who replaced the dismissed juror identified himself during voir dire as an architect who likes to hike, bike, and travel. He told the judge he learned of details of Combs’ case by listening to NPR.
“I know through the media that Sean Combs is accused of illegal activities related to human trafficking and extortion,” the new juror No. 6 wrote on his jury questionnaire.
Combs’ sex-trafficking and racketeering trial is now in its sixth week.
The prosecution is expected to rest its case soon. Then Combs’ defense will present its side to the eight-man, four-woman jury.
The music tycoon has vehemently denied the charges against him. If convicted of the top charges of sex trafficking and racketeering conspiracy, Combs could face up to life behind bars.
If you are a survivor of sexual assault, you can call the National Sexual Assault Hotline (1-800-656-4673) or visit its website to receive confidential support.
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