AUSA Comey: There may be work to be done other than peremptory challenges. We may have other arguments teed up for Friday.
Combs' Agnifilo: Why don't we bring all the jurors in on Monday and strike with them present?
Judge: No. I proposed we do the strikes now
Combs' Agnifilo: Friday as early as possible.
Judge: 7 am? (Iaughs). OK, 9 am on Friday. But get me the other filings early, so I can address issues on Friday. The monikers we use are over?
AUSA: Victim 2 and 4, pseudonyms
AUSA: The first witness, we try to maintain anonymity.
Judge: Who is the second witness?
AUSA: Moniker...
Judge: Email, and copy the defense.
[So not in the docket?!?]
Judge: Defense demonstratives in opening?
Agnifilo: Don't know yet
Judge: See you Friday.
That was it for today.
Jury Selection Pool of 45 is set.
Notable potential jurors today: one of the jurors was a friend of the judge (excluded), and another one was a UN official.
There's going to be a Peremptory challenge on Friday (May 9).
A peremptory challenge is a legal right during jury selection where a party can remove a potential juror without needing to provide a reason.
This allows attorneys to exclude jurors for any reason without having to prove bias or any other cause.
Diddy Trial 'Victim 3' Never Cooperative with Feds ...Never Wanted to Testify
"Federal prosecutors are taking a big gamble with one of their star witnesses in Diddy's s***trafficking trial, because the woman they call "Victim 3" has always made it clear she does NOT want to testify ... TMZ has learned.
During jury selection this week, lead prosecutor Maurene Comey admitted the feds do not know whether the alleged victim -- one of Diddy's ex-girlfriends -- intends to appear in court to testify against him. Comey said the woman does not live locally, there's an issue getting in touch with her attorney ... and she may not even show up to court despite a subpoena."
"Our sources with direct knowledge say the woman has never cooperated with prosecutors, and never gave them an indication she would be willing to take the stand during the trial.
It begs the question -- why did prosecutors add her to the Diddy indictment, and will they address her absence next week during opening statements?
At this point, it's still unclear who prosecutors will call to testify at the beginning of the trial."
"As we reported, Comey said Monday prosecutors would not be getting into the woman's story until the second part of the trial ... and during opening statements, the woman would be described as one of the many women who have allegedly been abused and sexually exploited by Diddy.
The indictment labels her an alleged victim of s***trafficking."
"Cassie, another Diddy ex, has long been known to be "Victim 1," and she's expected to testify under her own name ... though it's not clear when she will take the stand.
She's already in NYC, out and about with a huge baby bump -- some fans estimate she's around 9 months pregnant."
Three of the 4 alleged victims in the case are former Diddy girlfriends ... and in court filings, prosecutors have said "Victim 2" is expected to deliver anonymous testimony about "financial losses, dependency, and social isolation she experienced during their relationship ... all of which made her more vulnerable to his coercion."
All rise!
Judge Subramanian: Anything before peremptory challenges?
Assistant US Attorney: Juror 295 should be excluded based on her email to the jury office, personal safety.
Judge: She's out.
AUSA: And Juror 146 has a lawsuit against the City, undisclosed
Combs' lawyer Agnifilo: OK, but what about Juror 131, who worked at Legal Aid?
Judge: That's different. 146 is out, but 131 is still in. I propose we bring in on Monday the 12, the six alternates - and the three remaining. Or should we do the strikes on Monday?
AUSA: We oppose doing the peremptory challenges on Monday, we want to start the case then. We'll confer.
Judge: I give you 5 minutes.
Combs' Agnifilo: You're saying all strikes on Monday?
Judge: You proposed Monday so they'd be in the courthouse
Combs' Agnifilo: I think that's right, like Juror 295 decided she didn't want to be on the case. We already lost one juror in the last two days. So yes, let's do it Monday - it could be ten or fifteen minutes. So bring them in Monday, see if we lose someone
AUSA: We strongly oppose this. We'd be telling 43 people to come back not knowing - if one said "I want off," others might - I had a trial like that, it blocked the whole morning.
Judge: We'd still have to hear them.
AUSA: If different is you're told, you're on
Judge: They wouldn't be told, You're in a group of 43, just to come in.
AUSA: There will be a very long line - will the jurors be stuck. Could they skip the line?
Judge: Fair question.
Judge: Let's take a break.
[While Judge Subramanian check with the jury department, Combs in sweater is chatting with Nicole Westmoreland. Meanwhile Agnifilo and Maurene Comey talk, now Xavier Donaldson jumping in. Drum roll.]
Judge: We can get the 43 in early at 8:30 am on Monday, and strikes at 9 am, opening statements at 9:30 am.
[We'll see]
AUSA Comey: I still object.
Judge: Mr. Agnifilo says it will take ten to fifteen minutes... I deny pseudonym to Victim-5. What about the other?
AUSA: We still don't know. But we'll keep the defense posted.
Judge: As to the exhibit objections.
AUSA Johnson: The photo of Victim-1 is not more prejudicial than probative.
Combs' Alexandra Shapiro: It suggests sexual conduct with an underaged person
AUSA Johnson: Victim-1 attended a party with the defendant two years before this photo, which was taken on May 19, 2005 - she signed with the defendant's record label. A visual speaks volumes. We are not suggesting what Ms. Shapiro said. In 2005 she was of age