Diddy trial's next stages explained as jury told to consider 'Allen charge' after partial verdict
Topics: Court, Diddy, Sex Trafficking, US News, Cassie Ventura
Ellie Kemp
Featured Image Credit: Noam Galai/Getty Images for MTV
Topics: Court, Diddy, Sex Trafficking, US News, Cassie Ventura
The trial of Sean 'Diddy' Combs is closer to delivering its verdict, although jurors are failing to agree on one particular charge.
The music mogul has been on trial for weeks on five federal charges, including racketeering conspiracy and sex trafficking by force, fraud or coercion.
Combs has denied all of the charges against him.
Across 28 days, jurors heard evidence from witnesses including Diddy's ex-partner Cassie Ventura, former employees and even hotel workers.
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When it came to Diddy’s defense, he opted not to speak to the jurors and his legal team didn’t call a single witness.
The jury then retired for deliberations and on Tuesday (July 1), they confirmed a partial verdict had been reached after 12 hours.
A note read: “We have reached a verdict on counts 2, 3, 4 and 5.”
This was in reference to two sex trafficking charges and two counts of transportation to engage in prostitution.
It continued: “We have not reached a verdict on count 1 because we have unpersuadable jurors on both sides.”
This was in reference to the top charge of racketeering conspiracy, which falls under Racketeer Influenced Corrupt Organizations (RICO) Act. Originally enacted to dismantle mafia operations, this organized-crime statute now reaches far beyond its original targets.
In Diddy’s case, the indictment alleges that he turned his various enterprises, including Bad Boy Records, into a criminal organization 'to fulfill his sexual desires, protect his reputation, and conceal his conduct'.
After the note was read out in the courtroom, both the prosecution team and Combs’ lawyer, Marc Agnifilo, told the judge that they didn’t wish him to accept a partial verdict.
Agnifilo addressed the judge saying: “It’s our request that you tell the jury to keep deliberating, and don’t take the partial verdict.”
So the judge was able to deliver what's known as an Allen charge. According to the Fully Informed Jury Association, this a special set of instructions the judge reads to the jury to encourage those in the minority to reconsider their positions in light of the majority view, in hopes of reaching agreement.
It's named after the 1896 Supreme Court case Allen v United States. In Allen, the Court approved this procedure for federal juries, holding that - so long as the instruction isn’t coercive - such encouragement is allowed.
Yet, jurors are never required to change a 'sincerely held' view, and these should not be abandoned just to reach unanimity.
At the end of deliberations, if jurors still find themselves unable to agree unanimously on a verdict, they inform the judge that they’re 'hung' or deadlocked.
The judge may repeat or modify the Allen charge once more, but if there’s still no unanimous verdict, the judge declares a mistrial - meaning the case ends without resolution. Then, usually, a new trial is reset.
Deliberations in the Diddy case are set to continue on Wednesday morning from 9am (July 2).
If found guilty on all charges, Combs could spend life in prison.