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Brian Buchmire
This episode includes discussion of sexual violence and abuse, so please take care when listening Jury selection has now started in the trial of music mogul Sean Diddy Combs. I walked into the Southern District of New York courthouse yesterday for the first day of jury selection. Combs is facing federal criminal charges of racketeering, conspiracy and sex trafficking. He's pled not guilty and denies all allegations. The timing of the start of jury selection May 5 coincides with another big New York City event, the Met Gala. It's something Diddy attended many times in his old life. If he had still been the old Diddy yesterday, he probably would have been getting dressed in something glamorous and high concept from his label Sean John. Instead, he was seated in a grand courtroom with high ceilings and rich wood, wearing a dark navy crew neck sweater over a white button down, no tie with slacks. He wasn't cuffed or shackled. Two marshals sat behind him. He got permission from the court to wear something other than the beige jail smock he had been wearing for prior court appearances. His hair was a mix of salt and pepper, leaning more towards salt. There are no cameras or microphones allowed in the courtroom, but if you'd been there, you'd have heard the judge open the day by saying, welcome to the U.S. district Court for the Southern District of New York. With the exception of voting for most citizens, the honor and privilege of jury service is is their participation in the democratic process. This is bad. The Case Against Diddy I'm Brian Buchmire, an ABC News legal contributor and trial attorney. This episode A Jury of One's Peers let's get to it. So I got to court at about 7:30am and thanks to the great producers and line waiters and at abc I was able to do so because the line started at 12am that morning. The person who was waiting in line for me that I relieved at 7:30. They were second in line and behind me stretched about another 30 or 40 people. The vibe outside was kind of anticipatory waiting, Are we gonna get in? It's like trying to get into your favorite nightclub. And you don't know where exactly the cutoff's going to be. But we're all excited to get in. Once you get into the Southern District of New York, it's first security, right? I go up to the 26th floor. But inside the court, the way federal court operates is you have the judge all the way in the front. You have a large kind of wall that is about waist high with a swinging door that allows you to come in and out of it. And in what we call the well of the court, there are three large rows of tables. And the government walked in as a powerful group of women, because it isn't a group of women who are representing the United States of America in this case. And they sat in the first row. Behind them, there are so many attorneys and people representing Shawn Combs that they occupy two rows of tables. The entire left side of the courtroom is left open because that's where prospective jurors eventually come in. When Sean Combs ultimately does come in, he hugged his attorneys, and he looks back just ever so slightly, and then kind of faces forward again. No big gestures or smiles or whatever it may be. The goal of jury selection is to find a jury of one's peers, because that's the constitutional right that we all have. As we sat in the courtroom, about 54 or 55 people of varying demographics, whether it be race, gender, age, walked in, and they occupied not just that section that was left empty for them, but there was an overflow that actually had to sit in the jury box as well. And at that point, the judge began the process of jury selection, welcoming the jury into the courtroom, explaining to them why they were there, that he expected the case to go on for at least eight weeks. But trying to give people the hope that this isn't going to go as far as Independence Day, you might still be able to get your Fourth of July weekend while still being off during Memorial Day weekend, Juneteenth and other federal holidays that are recognized. After the judge is done giving just the preliminary statements, let's call them to the jury. You can see they all have a sheet or multiple sheets of paper in their hand. That's that questionnaire, the same questionnaire that we now have at abc and can kind of walk through after that, welcoming everyone. All the jurors walk out again, and then those jurors or prospective jurors move, move to a different room altogether, just a little down the hall, until one by one, they came into the courtroom, take the witness stand, and are asked questions by the judge. The judge, who is a self proclaimed, somewhat of a workhorse, and he is, he's really keeping this train moving. He is a phenomenal conductor. He created this kind of, for lack of a better term, batter's box. Because as one person is in the witness stand being asked questions by the judge, the next person who's about to come up is looking over the list of people and places. What do I mean by that? There are a number of people and places that are going to come up in this case that the judge wants to ask whether or not you're familiar with these people in a way that you cannot sit on this jury. And so while one person's reviewing, the other person is on the stand. Now, the way it works in federal court, at least at this stage, the judge is asking all the questions to see if there are what you call four cause challenges as to whether or not this person cannot be a juror, if they have the inability to understand English, if they have a medical condition where they can't sit and stay for that long, if they have childcare issues, things like that. Right? And after the judge asks those questions, the judge said, if I see an issue, I will excuse this juror and we'll move on to the next. And if there are any challenges by either side, they can speak then and talk about it. The questionnaire has 31 questions and one that I think is very important and also came up a number of times when asking prospective jurors what they meant in answering this question. Was question 10, have you, a family member or someone close to you, been the victim of sexual assault, sexual harassment or domestic violence? Now, the judge also said, if there is something that is particularly personal to you, we can have what's called a sidebar, where everyone gets together away from all prying ears so even us in the audience couldn't hear and you can ask those questions. The sad part is the sheer number of women who just say yes. And I think the saddest part for me is when they say yes. I would hope there'd be some level of shock, but it is such a common place where women say, yeah, there was a neighbor, I was flirting with him, and then he sexually assaulted me in a staircase. Just matter of fact. And that's something that one of the jurors actually said. And she said, yeah, but that's just part of the culture. It happens sometimes. It happened in 96, so many decades ago. But don't worry, your honor, I can put that aside. I understand that my situation and what's going on here are two different situations. And I can be a fair juror. And that's what happened to a lot of those questions. And a judge is asking in a very polite way, I understand that you were sexually assaulted. I understand that someone had done this horrible thing to you. Can you put all that aside? And they say, I think I believe I can. And they ultimately say yes. Now could they end up being jurors on the trial? Absolutely. From those 54, 55 prospective jurors that came in, the judge is trying to whittle it down to what many people might call a magic number where no matter what happens, 12 plus alternates will be found. After the break, will we learn about the people who might decide Sean Combs Fate.
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The cultural phenomenon the Secret Lives of Mormon Wives is back with an all new season coming to Hulu May 15th.
Brian Buchmire
Where is everyone at? Mom Talk has gotten to a really hostile point. Demi is willing to kick Jessie out out of the group. I feel like I'm walking into a lion's den. It's gonna get messy for sure. Mom Talk is turning on each other left and right. The police are here. I can't see this going any other way but a pure bloodbath. This is so toxic. The Secret Lives of Mormonwives streaming on Hulu May 15th. As jury selection is going on, Sean Combs participates in the same way as everyone else does. And what do I mean by that? When a juror walks into the courtroom, he stands up. Now he stands up partly because that is courtroom decorum. That is a respectful way to treat the juror, but it also gives you an opportunity to be seen by the juror to humanize yourself to some extent and also see the juror to see how they react to you. Now, when Sean Combs sat down, you can see him looking at the monitor, putting his glasses on, reading documents, attorneys leaning over to talk to him, him leaning over to talk to attorneys. And through that we see his interactions and his interest of helping to suss out who might make it to the trial. Jury selection is like riding a train in New York. You will see everyone from all walks of life. We're sitting there and we're seeing an IT technician, a 30 year old former parochial schoolteacher, an HBO employee, an executive at a company that deals with books, who at one point saw a memoir, or at least the media report of a memoir related to people in the case that person dismissed. And that schoolteacher that I mentioned, that person remained in the jury pool despite reacting to a comedian's joke on social media about baby oil. She said she can remain fair and impartial and still listen to the evidence that will be presented. But think about that for a moment. This isn't something that was on her social media account that she posted because anyone can, for example, type in Brian Buckmire and see what I post. This is, what did you like on social media? What did you click on? It's still pretty early on in the jury selection process. So if we're trying to get that big picture, that big takeaway, I think it's that this is just the first step. There are so many other steps. We've just hit the surface level. But I think once the defense and the government start asking their questions in the next round, that's when we really start to see who's going to end up on this jury. We as attorneys have this very finite way of speaking about things, and it's not the way that the average person talks about. We as attorneys don't use things like, I can do it. It's either I'm doing it or I'm not. And so we saw that struggle from a lot of jurors in the sense of, I can do it, I believe I can be fair and impartial. And so you're starting to see the attorneys kind of being like, okay, I see who I might want to get off. Because you're supposed to be very sure as to whether or not you can do it there are some great judges in Brooklyn, criminal and Supreme Court, and they ask this question to kind of get people off that fence. And they say if you got onto an airplane and the captain of the airplane said, hello, passengers, I'm your pilot for the day, I think I can land this plane pretty safely. Would you stay on that plane or would you get off? And 10 out of 10 people say I'm getting off because it's not a matter of whether he can land that plane properly, it's a matter of if he will. And so I think right now when we're trying to look at who the potential jurors are, you're getting a lot of can't maybe stuff like that. It's going to be interesting to see how this jury selection continues after this. As the rest of the week continues, we're going to start to see the defense attorneys and the government ask their questions. And I think those are going to be far more revealing of what this case is going to look like, who they are looking for to be in this jury, who they will eliminate, who they will fight to eliminate, who they will allow to stay. And then we will see who is juror number 1, 2, 3 through 12. And that's when we're going to start to really see this case beginning again. That's it for Bad the Case Against Diddy. We'll be back on Friday with more highlights of this week's jury selection. If you appreciate this coverage, please share it and give us a rating on Apple Podcasts or Spotify. It really helps others find it. The Case Against Diddy is a production of ABC Audio. Thanks for listening. Marvel Studios Thunderbolts is an MCU game changer.
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Brian Buchmire
A must see in imax. That's what they talk about. A home run. I should have seen this coming. It's perfection. Thank you. We needed that. And it's the best Marvel movie since Endgame. Marvel Studios Thunderbolts now playing. Rated PG 13. Some material may be inappropriate for children under 13.
Brad Milkey
Hey, I'm Brad Milkey. You may know me as the host of ABC Audio's daily news podcast. Start here. But I'd like to add aspiring true crime expert to my resume. And here's how I'm going to make it happen. Every week I'm going to unpack the biggest true crime story that everyone is talking about. ABC's got some unique access here. So I'll talk to the reporters and producers who have followed these cases for months, sometimes years. We'll bring you the latest developments and the larger context on the true crime stories you've been hearing about. Follow the crime scene for special access to the people who know these stories best.
Episode: A Jury of One's Peers
Release Date: May 6, 2025
Host: Brian Buchmire, ABC News Legal Contributor
In the episode "A Jury of One's Peers" from the Bad Rap: The Case Against Diddy series, ABC News' legal contributor Brian Buchmire delves into the intricate process of jury selection in the high-profile federal trial of Sean "Diddy" Combs. Facing charges of racketeering, conspiracy, and sex trafficking, Diddy maintains his innocence, asserting that all interactions were consensual. This episode provides an in-depth look at the initial phases of the trial, offering listeners a behind-the-scenes perspective of courtroom dynamics and the quest to assemble an impartial jury.
[00:30] Buchmire begins by describing his arrival at the Southern District of New York courthouse during the first day of jury selection for Diddy's trial. He paints a vivid picture of Diddy’s courtroom demeanor, contrasting it with his former glamorous appearances at events like the Met Gala. Diddy appears composed, dressed in a dark navy crew neck sweater and white button-down shirt, signaling a stark departure from his past flamboyant style.
"Instead, he was seated in a grand courtroom with high ceilings and rich wood, wearing a dark navy crew neck sweater over a white button down, no tie with slacks." [00:45]
Buchmire meticulously outlines the jury selection process, emphasizing its significance in ensuring a fair trial. He explains the role of the judge, who conducts preliminary questioning to identify any potential biases or disqualifications among the prospective jurors.
"The honor and privilege of jury service is their participation in the democratic process." [02:15]
He notes the diversity of the jury pool, comprising individuals of various demographics, and the logistical aspects of selecting a jury from a large pool of candidates. The focus is on identifying jurors who can remain impartial despite the serious nature of the accusations against Diddy.
A critical component of the selection process involves questionnaires that prospective jurors complete, addressing issues such as personal experiences with sexual assault, harassment, or domestic violence. Buchmire highlights the emotional weight of these questions and the impact they can have on a juror's ability to remain unbiased.
"Was question 10, have you, a family member or someone close to you, been the victim of sexual assault, sexual harassment or domestic violence?" [05:30]
He recounts instances where jurors disclosed traumatic experiences, expressing both resilience and skepticism about their capacity to serve impartially. One juror's response underscores the normalization of such experiences and the challenge of compartmentalizing personal trauma from the case at hand.
"Yeah, but that's just part of the culture. It happens sometimes... I can be a fair juror." [07:10]
Buchmire provides a detailed description of the courtroom environment, noting the strategic positioning of legal teams and the demeanor of both the defense and prosecution. He observes Diddy's interactions with his attorneys, highlighting a subtle yet significant composure in his behavior.
"When Sean Combs sat down, you can see him looking at the monitor, putting his glasses on, reading documents, attorneys leaning over to talk to him..." [12:00]
He draws parallels between jury selection and a NYC train ride, emphasizing the diverse backgrounds of the jurors and the varying perspectives they bring to the table. This diversity is both a strength and a challenge in ensuring an unbiased jury.
A recurring theme is the difficulty jurors face in asserting their impartiality, especially when personal experiences resonate with the case's allegations. Buchmire discusses the legal and psychological aspects of determining a juror's ability to remain unbiased, comparing it to passengers trusting a pilot's capability to land a plane safely.
"It's not a matter of whether he can land that plane properly, it's a matter of if he will." [14:20]
He emphasizes the attorneys' role in meticulously evaluating jurors, seeking those who unequivocally believe in their capacity to judge the case fairly.
As the episode progresses, Buchmire anticipates the forthcoming stages of jury selection, where deeper scrutiny will reveal the jurors' true dispositions. He suggests that while the initial phase sets the foundation, the subsequent rounds of questioning will be more revealing and critical in shaping the final jury composition.
"Once the defense and the government start asking their questions in the next round, that's when we really start to see who's going to end up on this jury." [15:30]
Brian Buchmire wraps up the episode by summarizing the significance of jury selection in high-stakes trials like Diddy's. He underscores the complexity of balancing personal experiences with the duty to impartially evaluate evidence, highlighting the broader implications for the justice system.
"It's going to be interesting to see how this jury selection continues after this... And then we will see who is juror number 1, 2, 3 through 12. And that's when we're going to start to really see this case beginning again." [16:00]
Buchmire teases upcoming episodes that will continue to follow the trial's progress, offering listeners ongoing insights into the legal strategies and courtroom developments that will ultimately determine Diddy's fate.
This episode effectively humanizes both the accused and the jurors, illustrating the delicate balance required in the justice system to ensure fairness. By focusing on the jury selection process, Buchmire sheds light on the often-overlooked aspects of trials that can significantly influence the outcome. The inclusion of real-time observations and personal anecdotes from the courtroom provides a compelling narrative that engages listeners and offers a comprehensive understanding of the complexities involved in such high-profile cases.
"A Jury of One's Peers" serves as a crucial exploration of the foundational stage of Sean "Diddy" Combs' trial. Through detailed reporting and thoughtful analysis, Brian Buchmire equips listeners with a nuanced perspective on jury selection, highlighting its pivotal role in the pursuit of justice. This episode not only advances the narrative of Diddy's legal battle but also invites broader reflection on the mechanisms that uphold (or challenge) impartiality within the legal system.