For the past year-and-a-half, allegations of sexual misconduct against rapper Sean 'Diddy' Combs have attracted widespread media attention, including several documentaries and podcasts, sullying the reputation of the mogul once known for his rags-to-riches life story and for elevating hip-hop in American culture.
On Monday, with his criminal trial on sex trafficking charges just weeks away, Combs' lawyers will start their search for jurors who have not yet made up their minds about the artist and entrepreneur once known as "Puff Daddy."
Hundreds of New York residents who have been summoned for jury duty will arrive at the federal courthouse in Lower Manhattan this week to fill out questionnaires asking them what they already know about the case. It is the first step toward seating a panel of 12 jurors and six alternates that will determine Combs' fate after a trial expected to last eight to 10 weeks.
While the judge and lawyers for both sides will know the jurors' names, their identities will not be disclosed to the public. Anonymous juries are not the default in the U.S. criminal justice system, but they are frequently used in high-profile trials to protect jurors from potential harassment or threats.
Combs is accused of forcing women to take part in elaborate sex performances with male sex workers called "freak-offs" over two decades. He has pleaded not guilty, and his lawyers have argued that the sex acts prosecutors described were consensual.
Combs has been in the public eye for decades and is known for founding Bad Boy Records, turning musical artists such as Notorious B.I.G. and Usher into stars, and living a lavish lifestyle befitting a celebrity whose net worth Forbes estimated at more than $1 billion in 2022.
His downfall since he was indicted last September has been widely documented, including in several documentaries and podcasts such as the Max miniseries "The Fall of Diddy" and the Daily Mail's podcast "The Trial of Diddy."
The media saturation could leave many prospective jurors with the impression that he is likely guilty, said Christina Marinakis, a jury consultant.
"As a defense side, you're really wanting to get jurors that have not heard anything about this case or know very, very little about it, so they come in with a truly blank slate," said Marinakis, the CEO of Immersion Legal Jury.
VOIR DIRE
After prospective jurors fill out questionnaires, defense lawyers and prosecutors will submit a list to U.S. District Judge Arun Subramanian of those the two sides agree should move forward in the selection process, as well as who should be excused and those about whom they cannot agree. The judge may hold a hearing to resolve any disputes.
Starting May 5, Subramanian will question the remaining prospective jurors in person, a process known as voir dire designed to elicit signs of potential bias. Subramanian will dismiss those he finds would not be able to be fair and impartial. The prosecution and the defense will then be able to dismiss a limited number of jurors without articulating a reason, known as peremptory strikes.
The process is not foolproof. British socialite Ghislaine Maxwell unsuccessfully sought to have her sex trafficking conviction overturned after a juror who had checked "no" when asked in a pretrial questionnaire whether he had been a victim of sexual abuse, said in media interviews after the trial that he had been sexually abused as a child.
Both the defense lawyers and the prosecutors are likely to review prospective jurors' social media accounts to see if they have expressed opinions about the case or on other matters that could indicate bias, Marinakis said.
Zachary Margulis-Ohnuma, a New York-based defense lawyer, said Combs' panel would likely consist ultimately of people without firm convictions about issues of consent and sexual abuse.
"One side or the other will figure out a way to get rid of the ones who do have strong opinions," Margulis-Ohnuma said.
