UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------x UNITED STATES OF AMERICA, v. 24 Cr. 542 (AS) SEAN COMBS, a/k/a "Puff Daddy," a/k/a "P. Diddy," a/k/a "Diddy," a/k/a "PD," a/k/a "Love," Defendant. Trial
New York, N.Y. June 11, 2025 12:40 p.m. Before: HON. ARUN SUBRAMANIAN, District Judge -and a Jury- APPEARANCES JAY CLAYTON Interim United States Attorney for the Southern District of New York BY: MADISON R. SMYSER EMILY A. JOHNSON MAURENE R. COMEY MEREDITH FOSTER MITZI STEINER MARY C. SLAVIK Assistant United States Attorneys APPEARANCES CONTINUED AGNIFILO INTRATER LLP Attorneys for Defendant BY: MARC A. AGNIFILO TENY R. GERAGOS -and- HARRIS TRZASKOMA LLP BY: ANNA M. ESTEVAO -and- SHAPIRO ARATO BACH LLP BY: ALEXANDRA A.E. SHAPIRO JASON A. DRISCOLL -and- XAVIER R. DONALDSON BRIAN STEEL NICOLE WESTMORELAND Also Present: Lucy Gavin Shannon Becker Paralegal Specialists Raymond McLeod, Paralegal
(Trial resumed)
THE COURT: Welcome, everybody. Please be seated. Good afternoon.
MR. DONALDSON: Good afternoon.
THE COURT: Other than the juror issue, is there any other issue that we need to address before we get started today? From the government.
MS. COMEY: No, your Honor.
THE COURT: Defense counsel.
MR. AGNIFILO: Other than that one, no.
THE COURT: Does the defense want to be hear now, or would they like a chance to review the government's letter and then respond.
MS. SHAPIRO: Both, if that's all right, your Honor.
THE COURT: OK.
MS. SHAPIRO: We would like some time to respond in writing in the next day or two, certainly by the end of the week. We haven't had a chance to review the case law or look at the letter, other than quickly. But I did want to just point out on the record that our reaction to the letter is that it's essentially a pretext; that there's no substance there, and we believe it's a pretext, an effort, thinly veiled effort, to dismiss a black juror, and it hearkens back to the way the government exercised its peremptories that led to the Batson challenge. I'd just also note that it does appear that the case law, although I haven't had a chance to review the cases in detail yet, but the cases, ironically, that the government is relying on are cases designed to protect the rights of the defendant, and we are going to object to the removal of this juror. So we're happy to put in a letter by tomorrow night, if that's all right with the Court.
THE COURT: Let me ask the government, as to the timing question, is there any issue with that timing, giving the defense 24 hours to put in a response so that we can address this issue before the weekend?
MS. COMEY: No, your Honor. I don't think there's any prejudice at this point to that. No, not at all. I just wanted to say in response to what Ms. Shapiro just said that we were very reluctant to put in the letter that we did. It is not something that we wanted to do, but in looking back at the record, we saw what appeared to be a lack of candor with the Court that raises serious issues with us. This is not something that we were hoping to do or wanting to do. It is something we felt compelled to do, so I wanted to state that in response to the accusation Ms. Shapiro just addressed.
THE COURT: Understood. I will hear the defense and review their submission, and we will deal with this issue before the weekend. I think that makes sense. And so if you, Ms. Shapiro, can get in your letter by tomorrow morning -- do you need any more time, or is that sufficient?
MS. SHAPIRO: I think that should be sufficient, your Honor. Of course.
THE COURT: If we receive the letter tomorrow morning, we'll be in a position to deal with it either at the end of the day tomorrow or before we get started on Friday and then can determine how we're going to logistically handle that situation, if there's any basis for removal of the juror. I will, of course, reserve on that until I hear the defense's submission.
MS. SHAPIRO: Thank you, your Honor.
THE COURT: If there's nothing else, let's bring back Jane, and we'll bring in our jury. Let's see if they're ready. Let me ask the deputy to see if they're ready.
COURT CLERK: Your Honor, I do not believe they're ready, but I can check again. All right. Then we'll take ten minutes and come back.
(Recess)
THE COURT: Please be seated. I'm going to ask my deputy if we have our jury now.
COURT CLERK: Your Honor, I believe we're missing one juror. I'm going to check now.
THE COURT: All right.
COURT CLERK: Your Honor, we were missing two jurors. One just arrived. One is still on the way.
THE COURT: On the way, though?
COURT CLERK: Yes. Your Honor, all of the jurors are present. They're lining up, so we can bring the witness in.
THE COURT: All right. Let's bring the witness back in. Thank you. JANE, resumed.
MS. GERAGOS: Your Honor, may I approach the deputy to give the binder to the witness?
THE COURT: Of course. Welcome back.
(Continued on next page)
(Jury present)
THE COURT: Please be seated. Welcome back, members of the jury. Jane, you understand you're still under oath.
THE COURT: Ms. Geragos, you may proceed when ready.