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00:00When a celebrity is involved in a trial,
00:27the celebrity status becomes very important.
00:31Jurors are starstruck, they have favorites, they see a celebrity.
00:35It's very different than just seeing a regular person.
00:37And so in most cases where the allegations aren't that egregious
00:43or it's kind of a one-time situation,
00:45the jurors become very sympathetic towards a celebrity.
00:49And it can have an impact.
00:51Here, however, I think it's much different
00:53because I think the case has become the celebrity.
00:56It's not really P. Diddy anymore.
00:58It's the salacious allegations, the egregious conduct,
01:02which have not completely but largely tainted his celebrity status.
01:07So now it's about, hey, can we get jurors that can maybe put aside
01:11what they've read or their personal animus and focus on the facts.
01:15As a defense side, you're really wanting to get jurors
01:17that have not heard anything about this case
01:20or know very, very little about it.
01:22So they come in with a truly blank slate
01:24and that hasn't had any type of bias,
01:26even unconscious bias from what they've heard of the media.
01:28You know, jury selection is not really about picking the right jury.
01:37It's about getting off jurors that are not good for the case.
01:41It's about eliminating bad jurors.
01:57So you want to do that through any bias,
02:01through any personal animus that they have,
02:05people that are not going to change their mind.
02:11They don't need to play because if they're trying to get rid of them,
02:15they don't, they don't want to be able to ещё.
02:20They don't need to be able to do them.
02:23They don't need to learn to be able to get rid of them,
02:26they don't have to be able to get rid of them.
02:28If they don't think so, I'd like to agree with that.
02:29Like, that's very lucky.
02:32What?
02:33Like, that's not a coincidence.
02:34Okay.
02:36That's just how they're just saying.
02:38Like, that's not a coincidence.
02:40The government's approach to the questionnaire is to try to rehabilitate jurors, to get them
03:08to say that they can set aside anything they've heard, they can be fair and impartial in
03:12trying to preserve those jurors, whereas the defendant's questionnaire is really focused
03:16on eliciting that bias, identifying any potential pre-existing opinions and beliefs that people
03:22hold and how that might affect their view of the evidence with the goal of getting those
03:27jurors excused for cause or bias so that they can really end up with a panel that has not
03:34heard much about the case at all.
03:38The biggest fear is what we call a stealth juror.
03:51It's a juror who puts very little on their questionnaire, who doesn't seem to have any issues, and they're
03:56lying in wait to assert their agenda in the deliberation room.
03:59And so you may have noticed they ask about the juror's social media involvement and ask
04:04about what accounts they have, I can guarantee you that they are attempting to find these
04:09accounts of these jurors and prospective jurors and looking up their social media accounts
04:14to see, is the persona that they've put on their questionnaire matching the persona that
04:19they've depicted of their online selves, or are there some inconsistencies there?
04:23And whenever we see inconsistencies between someone's online presence and their juror questionnaire,
04:28that is a red flag, to exercise a peremptory strike on someone like that.
04:31This case involves a lot of sensitive issues, and on the background questionnaire involves
04:59a lot of sensitive issues. So if you want jurors to be candid and honest, the court needs to give
05:04them some protection of anonymity to get them to open up and be candid in that questionnaire,
05:10which is really the goal of these questionnaires. So I think that's one major reason.
05:13The other is to protect jurors from any potential harassment from people right now with online
05:19and social media. It is very easy for strangers to get in touch with people.
05:23So we're wanting to protect those jurors' confidentiality, wanting to also protect them
05:27from being unduly influenced by outside sources. Could you imagine if the names of the jurors
05:32are released, and now those jurors are getting bombarded with messages on social media,
05:36on email, the people at work are pinging them, hey, I heard you're on the Sean Combs trial.
05:42So I think there's several to protect the jurors' confidentiality, but also to protect the
05:46integrity of the trial and to encourage the jurors to be candid in their questionnaires.
05:53So it's really about metting out the personal bias, getting to those jurors that, even though
06:05they've heard about this case, because everybody has, you know, can you really put it aside
06:09and even change your mind about something, you know, based on the evidence?