Bad Rap: The Case Against Diddy

Episode: The Trial: A "Good Juror"
Release Date: May 9, 2025
Host: Brian Buckmire, ABC News Legal Contributor
Guest: Eric Rudich, Senior Litigation Consultant with Blueprint Trial Consulting

I. Introduction to the Trial

The episode opens with Brian Buckmire introducing the ongoing trial of Sean "Diddy" Combs, highlighting the critical phase of jury selection. As of May 9, 2025, jury selection has commenced with 45 prospective jurors under consideration, aiming to finalize the jury by the weekend to proceed with opening statements as early as Monday, May 12th.

“This week, jury selection kicked off in the trial of Sean Diddy Combs.”
— Brian Buckmire [00:34]

II. Understanding Jury Selection

Brian explains the intricacies of the jury selection process, emphasizing its unpredictability and the judge's tight schedule aiming to commence the trial promptly. A diverse group of prospective jurors, including professionals like massage therapists, freelance writers, investment analysts, and high school wrestling coaches, are undergoing evaluations to ensure impartiality.

“Legal minds like me refer to this whole jury selection process as voir dire. It means to speak the truth.”
— Brian Buckmire [05:00]

III. The Role of Jury Consultants

To delve deeper into the strategies behind jury selection, Brian introduces Eric Rudich, a senior litigation consultant who specializes in preparing legal teams for trial. Rudich elucidates the multifaceted role of jury consultants, which includes developing case strategies, identifying case weaknesses, profiling potential jurors, and analyzing visual evidence to bolster the case.

“Jury consultants, the work that they do is a lot different than was portrayed in the media. A lot of what we do is behind the scenes to assist attorneys with developing case strategy...”
— Eric Rudich [04:20]

IV. Tailoring Strategies for Defense and Prosecution

Rudich outlines the divergent strategies employed by the defense and prosecution during jury selection. For the defense, the aim is to find jurors who may have unconventional views on sexuality or who haven't been influenced negatively by media portrayals of Diddy. In contrast, the prosecution seeks jurors with traditional views on sexuality, positive perceptions of law enforcement, and familiarity with the case details.

“For the prosecution, you would want probably the reverse.”
— Eric Rudich [02:42]

“In this case, you certainly want an individual who has kind of an untraditional sexual lifestyle... For the prosecution, you would want people who have much more traditional sexual lifestyles...”
— Eric Rudich [10:35]

V. Conducting Mock Trials

The discussion transitions to the significance of mock trials in preparing for the actual trial. Rudich explains that mock trials, akin to market research, help legal teams understand juror reactions and refine their approaches. These simulations involve diverse participants who mirror potential jurors, providing invaluable feedback on case reception and strategy effectiveness.

“Absolutely. And that’s an important aspect of our work as jury consultants is to test our clients cases and do mock trials.”
— Eric Rudich [07:40]

VI. Evaluating Juror Suitability

Brian probes into the methodologies used to assess juror suitability, particularly when prospective jurors disclose past experiences with sexual assault. Rudich emphasizes the importance of follow-up questions and the nuanced evaluation of such disclosures to determine impartiality.

“It may also come down to what type of sexual assault, when it occurred, how traumatic it was for that individual.”
— Eric Rudich [12:05]

VII. Real-World Challenges in Jury Selection

The conversation highlights the unpredictable nature of juror behavior and the challenges faced during selection. Brian shares an anecdote where a prospective juror openly expressed distrust towards the defense team, illustrating the delicate balance attorneys must maintain in assessing both verbal and non-verbal cues.

“I’ve had jury selection where one prospective juror got up on the witness stand, said that he couldn’t trust those people.”
— Brian Buckmire [18:25]

Rudich adds that while juror questionnaires provide initial insights, the dynamics observed during voir dire are more telling of a juror's potential biases.

“What they say or what they write on the juror questionnaire is informative, but how they react and respond to questions during the voir dire is much more informative...”
— Eric Rudich [19:57]

VIII. The Ongoing Role of Jury Consultants During Trial

Rudich clarifies that the involvement of jury consultants extends beyond jury selection. They play a crucial role in refining opening statements, preparing witnesses, organizing evidence, and even assisting in post-selection strategies such as preparing the defendant for testimony.

“Certainly jury consultants are often retained on trial to assist with preparing the witnesses for their testimony, for closing arguments...”
— Eric Rudich [15:30]

He further speculates on the possibility of a consultant aiding Sean Combs in testifying, highlighting the importance of meticulous preparation to ensure favorable jury perception.

“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 [16:22]

IX. Conclusion and Upcoming Developments

As the episode nears its end, Brian recaps the key points discussed and provides updates on courtroom developments, including the behavior of Diddy's former lawyer and the ongoing jury selection process. He also invites listeners to engage by submitting questions for future episodes.

“That's it for this episode of Bad the Case Against Diddy. I'm Brian Buckmire.”
— Brian Buckmire [20:25]

Key Takeaways:

• Jury Selection (Voir Dire): A critical phase where both defense and prosecution seek to assemble an impartial jury through meticulous vetting and strategic questioning.

• Role of Jury Consultants: Essential in high-stakes cases, consultants provide strategic insights, conduct mock trials, and assist in refining case presentations to align with juror profiles.

• Customized Strategies: Each case demands tailored approaches based on its unique circumstances, focusing on juror backgrounds, experiences, and potential biases.

• Importance of Mock Trials: Simulations offer a controlled environment to test and refine case strategies, ensuring preparedness for actual trial dynamics.

• Challenges in Assessing Impartiality: Determining a juror's ability to remain unbiased involves analyzing both their responses and underlying attitudes, often requiring nuanced judgment.

This episode of Bad Rap: The Case Against Diddy provides an in-depth exploration of the complexities involved in jury selection, particularly in high-profile cases. Through the expertise of Eric Rudich, listeners gain valuable insights into the strategic processes that shape judicial outcomes.