"According to the docs, obtained by TMZ, prosecutors say legal precedent requires the defense to give proper notice before offering any "evidence of the effects of d**** and alcohol on a defendant's memory or cognitive function."
"One other clue is prosecutors describing the doctor's potential testimony as evidence of the "defendant's inability to control his behavior."
What's interesting is the federal indictment accuses Diddy of d***ging his victims into compliance during the "freak offs" -- but now it's a question of whether Diddy himself was in a haze during the alleged crimes.
Even if he was, prosecutors say the doctor's opinion on whether Diddy was "lucid" is irrelevant.
In the docs, they point out the doctor's never personally examined Diddy, and his testimony would be based on his experience with other people.
Prosecutors also want to block testimony of a forensic video expert regarding the Cassie hotel beating video ... which the judge ruled will be admitted as evidence."
All rise!
Judge Subramanian: I have composed a list of prospective jurors who, based in their questionnaire answers, I don't proposed to do individual Q&A with. The list of people and place is so long, I though it was an appendix to Lord of the Rings
laughter
Assistant US Attorney: Why don't we have the next juror in line review the binder with court staff, to save that time?
Judge: OK
AUSA: We have given two copies of the binder to your staff.
Judge Subramanian: I assume we'll soon get the thumbs up jurors are ready
Judge Subramanian: I think it is sufficient for me to say here on the record that there will be times a juror has privacy concerns about assault or trauma and it would be appropriate to address that at a sidebar, with the transcript sealed.
Judge Subramanian: I understand that's how it was done in the Maxwell case?
AUSA Maurene Comey: Yes it was.
Judge Subramanian: There is a logistical issue we have to work out- if we seal the transcript, no one including Mr. Combs can see it. So what if we leave it in the transcript? Since the jurors are not identified by name.
Defense: Let us confer with the Government
Defense: At the sidebar, what was the Court going to tell jurors about the level of confidentiality? I ask because if the potential juror believes this would be entirely confidential, that relates to candor.
Judge: I'm not going to lie to the jurors.
[Prospective jurors are brought into the courtroom]
Judge: This is a criminal case, US v. Sean Combs. I expect the trial to run for approximately 8 weeks. Justice depends on all of you. You've all filled out the long questionnaire. In a few minutes I'll ask more.
Judge: If during the process you would prefer to answer a question not in open court, because it is sensitive, we'll do it out of earshot. The transcript will be visible only to the parties themselves... Your answers allow for peremptory challenges
Judge: Let me give you a brief summary of the case. There is one defendant on trial, Sean Combs - aka Puffy Daddy, Diddy, other names and Love. He has pleaded not guilty and he is presumed to be innocent. There are five counts: racketeering conspiracy...
Judge: Kidnapping, s***trafficking for prostitution (two victims) and male commercial s***workers. He denied all of it. Our schedule is to be ready for May 12 for the trial. First week 9:30 to 5, then 9 to 3. Swear them in.
Clerk: Does anyone not swear an oath?
Clerk: Do you affirm under the penalties of perjury? Thank you, you may be seated.
Judge: Everyone have the list of questions? There are 14 sequestered questions. You'll be escorted to 26B, circle the sequested questions you have a Yes answer to
Judge: These include, since you filled out the questionnaire, have you read about the case? Do you have training in addiction, sexual abuse; have your worked for law enforcement? Ever being in a lawsuit? Ever been accused, or been a victim of a crime?
Judge: Are you impacted by allegations of rape, guns, intimate partner violence, etc. Views of artists in the hip hop community? Cooperators with immunity? Pseudonyms? 14 is, Anything else? When you are called back, you'll be shown a list of persons and places.
Judge: OK, escort them back to 26B. All rise!
[Prospective jurors leave, then one, female, returns, starts to read the binder of people and places]
Judge: OK, escort them back to 26B. All rise!
[Prospective jurors leave, then one, female, returns, starts to read the binder of people and places]
Who they waiting on that’s Pablo
AUSA: Let the juror keep the copy of the binder in order to say only numbers, not the true names of victims...
Judge: Please bring in Juror Number Two... I know you have a change to review the list. Any you knew of?
Juror 2 (male) Number 88... Michael B. Jordan.
Juror 2: Also Mike Meyers, the actor.. Also 190... Place 3, Essex House Hotel, I used to work there. And 9, the Peninsula.
Judge: Could you be fair?
Juror 2: Yes.
Judge: Any yes answers to the 14 questions?
Juror 2: I am a massage therapist, had training.
Judge: In your questionnaire, question 10, can you explain your Yes - can we discuss in open court?
Juror 2: Yes. My sister was beaten by her ex husband years ago. A black eye, resulting in the termination of their marriage.
Judge: Can you be fair?
Juror 2: Yes.
Judge: In your questionnaire you say you've heard about the case on WNYC, NPR
Juror 2: I haven't made any decision.
Judge: Please return to Courtroom 26B.
Juror 2 leaves
Judge: Any challenges for cause?
AUSA: No.
Combs' Agnifilo: Yes, we challenge
Combs' Agnifilo: In his questionnaire he says the defendant probably was engaged in this -
Judge: Then he said, he could still be fair. I will overule you. You can of course use a peremptory on him. Bring in the next juror.
Judge: You've reviewed the list. Any your recognize?
Juror (female, speaking softly) 133
Judge: A celebrity. Could you be fair?
Juror: Yes. I know there are a lot of celebrities on this list
Judge: Put them to the side. And the places?
Juror: I don't know them