U.S. District Judge Arun Subramanian said he plans to answer the jury's question from yesterday about narcotics distribution by referring them to a section of their legal instructions.
"The word 'distribution' means actual, constructive, or attempted transfer. To distribute simply means to deliver, to pass over, or to hand over something to another person, or to cause it to be delivered, passed on, or handed over to another. Distribution does not require a sale," the instructions state.
In their third note yesterday, the jury asked, "If a recipient wants, requests, or asks for controlled substances, and an individual hands over controlled substances to the requester, has the individual who hands over the controlled substances distributed?"
Defense attorney Marc Agnifilo objected to the judge's instruction, saying he doesn't "believe it goes far enough" to answer the jury's question.
"The court is about to make something that amounts to a mistake," he argued. "Can I give your honor an example?"
"No," Judge Subramanian replied. "Can you do what I am asking?"
Subramanian denied the defense's request to modify the language in the response, saying it would "confuse" the jury further.
"This is an attempt to mislead the jury," prosecutor Maurene Comey argued.
Combs stroked his chin and looked directly at the judge while the argument played out. When the judge denied his lawyer's request, he stared at Agnifilo.
The structure of the verdict form instructs jurors to only consider the drug offenses and other underlying crimes "if and only if" they find Combs guilty of the racketeering conspiracy.