AUSA: It's within the scope of his employment, difficulties of promoting Victim-1
Combs' Agnifilo: There's no indication he was acting under Ms. Combs' authority.
AUSA: Mr. Cruz, it's presumed he was doing this for BadBoy Records.
Judge: OK - objection overruled.
AUSA Johnson: On Victim-1 they have agreed not to cross examine about certain medical issues.
Judge: On the rest, I'll have to hear the direct, to see if the door is opened.
Judge: So the situation is that if the Government opens the door, you can walk through it, Ms. Shapiro.
Combs' Agnifilo: It's relevant. We are going to take the position that there was mutual violence in their relationship. Hitting, on both sides. DV
Combs' Agnfilo: We are absolutely going to admit to domestic violence. But at what point does it become coercive?
Judge: Your arguing that they are just violent
Agnifilo: Right. We're saying it's relevant.
Judge: Ms. Johnson, last words?
AUSA: We'll submit a letter on this.
Judge: Anything else?
AUSA Johnson: We intend to offer two cellphone videos, and the corrected CNN footage
Judge: Adjourned - see you Monday
That's it for today.
The jury pool drops to 43.
Peremptories will be on Monday morning (May 12) and then opening statements.
i still don't know what they have on him
i thought the tapes were said to be consensual
i still don't know what they have on him
i thought the tapes were said to be consensual
The domestic violence video and I’m guessing evidence to prove he used his power and influence to suppress its release
Which will carry some years don’t know how much
8:37 am: Sean Combs has still not been brought into the courtroom; the lawyers are milling around. Brian Steel comes up to AUSA Maurene Comey to shake hands. Agnifilo and Alexandra Shapiro conferring. 1st step: peremptory challenges to 45 prospective jurors
8:53 am - Sean Combs is now in the courtroom, wearing a light sweater instead of last week's dark blue. He turns and blows a kiss to family members in the second row of the gallery.
8:56 am:
Clerk: Are the parties ready?
Yes.
Clerk: Mr. Combs, were you able to get some water? We'll made arrangements for that.
Judge Subramanian has still not come into the courtroom.
9:03 am
Agnfilo and Teny Geragos are pouring over papers, presumably for peremptory challenges to prospective jurors.
Combs, wearing reading glasses, is also looking down at papers.
Three of the six prosecutors are looking at or typing on their cell phones.
9:26 am: Combs' lawyer Agnifilo & prosecutor Maurene Comey are the ones in with Judge Subramanian, presumably doing the peremptory strikes to the jury pool. In NYS court, this is all done in public, in the courtroom, on the record.
9:34 am - and we're off.
Judge Subramanian: Good morning. We are here for peremptory challenges.
AUSA Comey: We strike Juror 51. Agnifilo: We strike 52 and 106. Comey: We strike 216. Agnifilo: 157 and 112. Comey: We strike 118. Agnifilo: We strike 127 and 131.
AUSA Comey: We strike 81. Agnifilo: We strike 149 and 20. Comey: We strike 161. Agnifilo: We strike 22 and 84
Comey: The defense was only supposed to strike one in this round.
Agnifilo: So, we strike only only 22.
Comey: We strike 163. Angifilo: We strike 84
AUSA Comey: We strike 220. Agnifilo: We strike 25. Comey: I believe he was supposed to strike in the alternative.
Agnifilo: Give me one second Confers with Nicole Westmoreland 218. Comey: We strike 324. Agnifilo: 240. Comey: We strike 281. Agnifilo: One moment
Apparently the judge is insisting that they don't want this trial to go on longer than the intended eight weeks.
Combs' Agnifilo: I note that the Government has struck seven Black people out of nine strikes.
Judge Subramanian: I'll give you a change to raise that, but let's continue.
Agnfilo: We're strike 307.
Judge Subramanian: Our jurors 2, 5, 25, 28, 55, 58, 75, 116, 160, 184, 201, 217, 230, 234, 247, 292, 321, 330. Agnifilo: The US struck 7 Black people which amounts to a pattern
Judge: An application has been made under Batson. Ms. Comey?
AUSA Comey: We are neutral
AUSA Comey: Juror 51 knew 17 of the names, appeared to have seen Making the Band, has a relative with law enforcement issues. The next strike, he harassed a police officer and didn't report it. His sister had an issue - this clears the bar, these are good reasons.
AUSA Comey: Juror 81, we think they claim to have special knowledge of bi-polar issues. 161, he said he watched news about the case that morning, he said it was inevitable. He'd lose 30% of his income but wants on - he has an agenda.