20/20 Podcast Episode Summary

Episode Title: Bad Rap: A "Good Juror"
Host: Brian Buchmire, ABC News Legal Contributor
Release Date: May 9, 2025

Introduction to the Trial

In the latest episode of Bad Rap: The Case Against Diddy, host Brian Buchmire delves into the ongoing trial of Sean "Diddy" Combs, who faces charges of sex trafficking and racketeering in New York. The episode provides listeners with an in-depth look into the jury selection process, a critical phase that could significantly influence the trial's outcome.

"[...] jury selection kicked off in the trial of Sean Diddy Combs. The Sean Combs sex trafficking and racketeering trial in New York is expected to have a jury seated by Friday." — Brian Buchmire [01:10]

Jury Selection Process

Brian outlines the current state of jury selection, highlighting that 45 prospective jurors have been brought into the courtroom. Both the prosecution and defense are actively engaging in the selection process, anticipating the final jury to be seated by the weekend. The tight schedule suggests that the trial might commence as early as Monday, May 12th.

"The judge has been running a very tight ship, and so we seem to be on track for the trial to start next week. We could hear opening statements as early as Monday, May 12th." — Brian Buchmire [01:10]

Diversity of Prospective Jurors

The selection pool boasts a diverse array of individuals, including a massage therapist, freelance writer, investment analyst, and high school wrestling coach. These candidates represent a cross-section of New Yorkers, each bringing unique backgrounds and perspectives to the courtroom.

"They included a massage therapist, a freelance writer, an investment analyst, and a high school wrestling coach. A real cross section of New Yorkers." — Brian Buchmire [01:10]

Understanding Voir Dire

Brian introduces the concept of voir dire, the jury selection process where potential jurors are questioned to determine their ability to provide a fair and impartial trial to the defendant. Questions range from media consumption habits to personal beliefs about the nature of the case.

"Legal minds like me refer to this whole jury selection process as voir dire. It means to speak the truth." — Brian Buchmire [02:10]

Expert Insight: Eric Rudich on Jury Consulting

To shed light on the strategic elements of jury selection, Brian brings in Eric Rudich, a senior litigation consultant with Blueprint Trial Consulting. Though not directly involved in Combs' case, Rudich offers valuable insights into the role of jury consultants.

"His job is to help legal teams prepare for trial, including jury selection." — Brian Buchmire [03:18]

The Role of Jury Consultants

Rudich explains that jury consultants assist both prosecution and defense teams in developing case strategies, identifying potential weaknesses, and profiling jurors to predict their verdict orientations. This involves extensive background research, including social media analysis and demographic assessments.

"We're just doing background information to determine what publicly available information we have on those jurors that might be indicative of whether they're likely to favor the prosecution or Sean Combs in this case." — Eric Rudich [06:17]

Customized Pre-Trial Research

Emphasizing that each case requires a tailored approach, Rudich compares jury consulting to market research, where the "product" is the case itself. By understanding juror perceptions, attorneys can adjust their strategies to better resonate with the jury.

"All the pre-trial research has to be customized. It's similar to conducting a market research study, except your product is your case." — Eric Rudich [07:40]

Mock Trials and Their Importance

Rudich highlights the significance of mock trials in preparing for real courtroom scenarios. By simulating trials with individuals resembling potential jurors, legal teams can gauge reactions and adjust their strategies accordingly.

"We're using or working with actual individuals in the trial venue who could be prospective jurors in this case." — Eric Rudich [08:16]

Strategies for Selecting Favorable Jurors

The conversation delves into specific strategies for selecting jurors. For the defense, Rudich suggests targeting individuals with non-traditional views on sexuality or those who may not have pre-formed opinions about Combs. Conversely, the prosecution might seek jurors with traditional values and favorable views of law enforcement.

"For the defense, you certainly want an individual who has kind of an untraditional sexual lifestyle... For the prosecution, you would want probably the reverse." — Eric Rudich [03:18]

Handling Juror Bias and Challenges

A significant portion of the discussion focuses on identifying and addressing potential biases among jurors. Rudich explains that even jurors who have experienced trauma related to sexual assault can still be fair, depending on their responses during voir dire.

"It's certainly how they will respond to the follow-up questions during court. It may also come down to what type of sexual assault, when it occurred, how traumatic it was for that individual." — Eric Rudich [12:41]

Brian shares personal experiences of encountering jurors with blatant biases, emphasizing the importance of both verbal and non-verbal cues in assessing juror impartiality.

"We see crazy things like that. And I'll follow up on that because there's a difference between what a person says and how they say it." — Brian Buchmire [19:26]

Post-Jury Selection Role of Consultants

Rudich clarifies that jury consultants often remain involved after selection, assisting with refining opening statements, preparing witnesses, and organizing closing arguments to align with juror profiles.

"There's a lot more that jury consultants will do, particularly in a high stakes case like this." — Eric Rudich [16:18]

Additionally, if the defendant decides to testify, consultants play a crucial role in preparing their testimony to ensure it's received favorably by the jury.

"If Sean Combs does testify, he will be going through a great deal of prep, and I'm sure he's going to even be prepped just to determine if he does testify, how will he be perceived by the jury." — Eric Rudich [16:57]

Closing Remarks and Courtroom Dynamics

The episode concludes with a brief update on courtroom dynamics, including disciplinary actions against a lawyer for inappropriate remarks about prosecutors, underscoring the high-stakes and intense environment of the trial.

"Mark Garagos... referred to the team of prosecutors as a six pack of white women. Judge Subramanian did not like that." — Brian Buchmire [21:05]

Brian also provides listeners with an opportunity to engage by submitting questions about the case, fostering a more interactive experience.

Notable Quotes:

• Brian Buchmire [01:10]: "The judge has been running a very tight ship, and so we seem to be on track for the trial to start next week."

• Eric Rudich [07:57]: "It's similar to conducting a market research study, except your product is your case."

• Brian Buchmire [19:26]: "There are crazy things like that. And I'll follow up on that because there's a difference between what a person says and how they say it."

This episode of Bad Rap: The Case Against Diddy offers a comprehensive exploration of the intricate jury selection process, the strategic role of jury consultants, and the nuanced challenges faced by both prosecution and defense teams in ensuring a fair trial. Through expert insights and real-world examples, listeners gain a deeper understanding of the factors that could sway the verdict in one of the most high-profile cases of the year.