Former Manhattan sex crimes prosecutor discusses latest partial verdict in Sean Combs trial.

Yesterday, the jury in the Sean “P. Diddy” Combs federal trial in Manhattan announced that it had reached a verdict as to four of the five counts on the indictment, but could not agree as to the top count, RICO (Racketeer Influenced and Corrupt Organizations Act). The judge did not do a formal Allen charge, but asked the jury to continue its deliberations as to the remaining count today (Wednesday, July 2). As of yet, the decision as to the other four counts has yet to be revealed.

It is easy to speculate as to the decision of the jury so far, but it would also be easy to be wrong. That being said, a good guess is that the jury has probably convicted Mr. Combs of the other four counts on the indictment. Those counts include two counts of sex trafficking (regarding former girlfriend Cassie Ventura and Jane Doe #1) and two counts of transporting people for the purpose of prostitution. The transporting charges counts seemed very strong given the testimony and the receipts for plane flights etc., so there is very little realistic possibility that those are acquittals. Otherwise, logic suggests that Mr. Combs was probably convicted of one of the two sex trafficking charges. After all, the RICO charges alleges, essentially, that there was an “enterprise” or informal organization engaged in the regular business of crime, with that business being primarily arranging for sexual abuse and prostitution. The fact that the jury cannot decide on the RICO suggests that some jurors at least agree that there was sufficient proof of sex trafficking, but some jurors have reservations bout whether there was a real “enterprise” behind the crimes. That last element – the existence of an enterprise – is oftentimes difficult for prosecutors to prove in RICO cases, and it was obviously the most difficult one in this case. Certainly, the defense attorneys focused on its largely in their summation to the jury. On the flip side, it would seem almost impossible for some jurors to believe that there is sufficient evidence of a RICO conspiracy without proof of sex trafficking; the only way that would be possible is if some jurors believe that the alleged enterprise was engaged in narcotics distribution and violence but not sex trafficking. Given the abundance of testimony and evidence regarding the sexual abuse of the victims, it seems more likely that the jury has convicted Mr. Combs of at least trafficking Cassie Ventura but are having some difficulty deciding whether there was an “enterprise” involved.

The jury might never agree as to the RICO charge. If that happens, the judge will declare a mistrial on that count and receive the verdict on the other four counts. If Mr. Combs is convicted of a sex trafficking charge, his minimum sentence under the law is 15 years in prison. He is facing two such counts, and those sentences could potentially run concurrently (i.e. simultaneously) or consecutively (meaning one after the other, for a minimum of 30). It is hard to estimate what Mr. Combs’ sentence would be if he gets convicted of four out of five charges. It would certainly be more than 15, of course, but would likely be less than 30. Many defendants convicted of murder charges in federal court receive sentences of 25 years, and it would seem a bit disproportionate for Mr. Combs to receive a sentence longer than that, but it will be the decision of the judge.

It is possible that the jury has rejected the sex trafficking charges on the theory that the alleged victims were voluntary participants. That would be a shocking setback for the #MeToo movement and a devastating blow for the prosecution, if no decision can be reached on the RICO charge. But the safe money at this point is on the jury convicting Mr. Combs of at least trafficking Cassie Ventura.

Matthew Galluzzo is a former Manhattan sex crimes prosecutor and a federal criminal defense attorney in New York. He has both defended and prosecuted individuals accused of rape and sex trafficking, and regularly appears on television to comment on criminal cases in the news, in both English and French.