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. May 12, 2025 9:18 a.m. Before: HON. ARUN SUBRAMANIAN, District Judge -and a Jury- APPEARANCES JAY CLAYTON 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- SHER TREMONTE BY: ANNA M. ESTEVAO -and- SHAPIRO ARATO BACH LLP BY: ALEXANDRA A.E. SHAPIRO JASON A. DRISCOLL -and- XAVIER R. DONALDSON BRIAN STEEL ALSO PRESENT: LINDA MORENO, Defense Jury Consultant
(In the robing room)
MR. AGNIFILO: One thing on the record, the court's record. I'm happy to do it on the record. I'm going to ask that victim number one, when she testifies, be already in the jury box when the jury comes in. Only as to her. Only because of her physical condition. I mean, there are certain things we can't control about a juror who is eight and a half months pregnant, but I think there is -- there is a quality to her walking in front of the jury that I think is easily avoidable. I'm not making an application for any of the other witnesses.
THE COURT: Wait. Let me make sure I understand.
MR. AGNIFILO: Yes.
THE COURT: Ms. Comey, who is your first witness?
MS. COMEY: First witness is Israel Florez.
THE COURT: That's what I thought. When we get to the third witness, which is Ms. Ventura --
MS. COMEY: Correct, your Honor.
THE COURT: -- when we get to our third witness, just for purposes of that witness --
MR. AGNIFILO: Yes.
THE COURT: -- you would like her to be already sitting in the witness box --
MR. AGNIFILO: Yes.
THE COURT: -- when the jury comes in.
MR. AGNIFILO: Correct.
THE COURT: All right. Let me think about that.
MS. COMEY: Your Honor, we would object. If your Honor is considering it, I would like to be heard on that. I don't think there any basis to treat any witness differently because of a medical condition, most notably pregnancy. I think that would be deeply inappropriate.
MR. AGNIFILO: I can make the application. It doesn't have to be done now. It can be done before she testifies. Any time good for the court.
THE COURT: I'll think about it. Ms. Comey makes the point, we wouldn't treat people differently based on any other sort of medical condition or physical impairment or any other attribute, right? Why would we treat this differently?
MR. AGNIFILO: Because I think there is a prejudicial quality. Pregnancy is beautiful and wonderful. It also is a source of potential sympathy.
THE COURT: They are going to see the witness.
MR. AGNIFILO: 100 percent.
THE COURT: Aren't they also going to see the witness leaving the witness stand? What are you trying to achieve?
MR. AGNIFILO: Well, so, in past trials -- and each trial is different -- I've certainly had situations where the jury was excused before the witness either sat down or left the witness stand. And I would make that application for all the witnesses, except I think it takes a certain more little bit more time, so I wasn't going to do that in the interest of time. I've always preferred the procedure where the witness is seated then the jury comes in. I've probably had most of my trials with that as the process.
THE COURT: Well, the court does that, too, when it fosters efficiency. I'm sure that we will actually do that at this trial. But you're making a different application. You're saying we will, in fact, have the witness seated whenever the jury comes in, and there's an objection to that, and it's a fair one, that I don't know that there is any support anywhere in the history of American jurisprudence. You can find that for me. You've got time. I've heard the objection. I tend to agree with it. However, you've got until the afternoon, because this isn't going to happen, if it happens today at all, I think you've got some time. If you have any support for that, I'm happy to take a look at it.
COURT CLERK: Your Honor, can we go off the record?
(Recess)
(In open court)
THE COURT: Mr. Courtroom deputy, are we prepared to proceed?
COURT CLERK: Yes, your Honor. I will check on them right now.
MS. SHAPIRO: Your Honor, I'm sorry. Can I just put one thing on the record?
THE COURT: Yes.
MS. SHAPIRO: We just want to note, to supplement the Batson application which we understand your Honor has denied, that in addition to the points Mr. Agnifilo made, that two of the black individuals the government struck, No. 161 and 163, were the only two black men in the first 28.
THE COURT: All right.
MS. COMEY: Your Honor, I don't think that's right. In the first 28?
MS. SHAPIRO: In the first 28.
THE COURT: That's what --
MS. COMEY: I don't think that's right, and if I can correct the record, Juror No. 184, who is on the jury, I believe, is a black man.
THE COURT: Well, I think we have the government's response. Ms. Comey, do you have anything further in response to Ms. Shapiro's submission?
MS. COMEY: Your Honor, I would want the record to also reflect that there were other men who weren't non-white men also seated on the jury. I think I noted that, but given --
MS. SHAPIRO: I don't think that's correct, but ...
THE COURT: All right. I understand that you've supplemented the record, Ms. Comey has responded, and the Batson application continues to be denied. So, with that, at this point, Mr. Courtroom deputy, are we prepared to bring in the jury?
COURT CLERK: Yes, your Honor.
THE COURT: All right. Let's bring in the jury.
(Venire present)
THE COURT: Please be seated.
COURT CLERK: Your Honor, I'll confirm I have the jurors seated in the correct position. Are you Juror No. 2?
JUROR: Yes.
COURT CLERK: Are you Juror No. 5?
JUROR: Yes.
COURT CLERK: Are you Juror No. 25?
JUROR: Yes.
COURT CLERK: Are you Juror No. 55.
JUROR: Yes.
COURT CLERK: Are you Juror No. 58?
JUROR: Yes.
COURT CLERK: Are you Juror No. 75?
JUROR: Yes.
THE COURT: Are you Juror No. 116?
COURT CLERK: Thank you. Are you Juror No. 160?
JUROR: Yes.
THE COURT: Are you Juror No. 184?
COURT CLERK: Are you Juror No. 201?
JUROR: Correct.
COURT CLERK: Are you Juror No. 217?
JUROR: Yes.
COURT CLERK: Proceeding to the last row, are you Juror No. 230?
JUROR: Yes.
COURT CLERK: Are you Juror No. 234?
JUROR: Yes.
COURT CLERK: Are you Juror No. 292? That's why we do this. Are you Juror No. 292?
JUROR: Yes.
COURT CLERK: Great. Thank you. Are you Juror No. 321?
JUROR: Yes.
THE COURT: Are you Juror No. 330?
JUROR: Yes.
COURT CLERK: Thank you, your Honor.
THE COURT: Good morning, ladies and gentlemen, and thank you for bearing with us through the jury selection process. Welcome back to the United States District Court for the Southern District of New York. As you were told when you were here for jury selection, I am Arun Subramanian, and I will be presiding over the trial in this case, United States of America v. Sean Combs. Trial will begin shortly with opening statements. We will sit every weekday until trial is over with the exception of court holidays. Our anticipated schedule had not changed since I last spoke to you. The attorneys and I expect this trial to be over before July 4. Obviously, it is possible that the trial could go longer, but I don't expect that it will. Every day this week we will be here from 9:30 a.m. to 5:00 p.m. After this week, we will go from 9:00 a.m. to 3:00 p.m. each day, and we will try to make your trial experience as smooth and pleasant and possible. If any issues come up, please contact the courtroom deputy.
A light breakfast will be available for every trial day in the jury room at 8:30, and I encourage you to arrive early so as to not delay the other jurors and the participants in this trial. We will take a shorter than usual break for lunch. I'm anticipating about 30 minutes, but we will have lunch provided for you in the jury room so you don't need to leave the courthouse and take that additional time. Now, the reason why we will have one shorter break in the middle of the day is so that you can leave earlier, most days. That is the point. So that you can have more time to attend to the things you need to do in life while we're conducting this trial. Of course, if you need a break during the proceedings for any urgent personal reason, you should let the courtroom deputy know. But I will make every effort to move this trial along promptly and make efficient use of your time. Now, the names and identities of the jurors are known to the court and both parties who will keep your names and identities in confidence. In order to protect your privacy, that personal information about you will not be disclosed to the public. This is in no way unusual. It is a common practice followed in many cases in the federal courts that is being followed here in this case. The courtroom deputy will now swear in the jury. Is there anyone in the jury who does not swear an oath but affirm? Put your hands down for a minute. Is there anyone who does not take an oath? You can raise your hands again.
(A jury of 12 jurors and 6 alternates was impaneled and sworn)