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Updated March 3, 2001, 6:36 p.m. ET
Field trip for Puffy jurors?  
   

NEW YORK — The prosecutor in Sean "Puffy" Combs' gun possession and bribery trial wants to take jurors to the scene of a 1999 nightclub shooting.

Assistant District Attorney Matthew Bogdanos, who has relied so far on stark black-and-white diagrams of Club New York and the busy Times Square streets that surround it, told Judge Charles Solomon Friday that he will request the field trip when he opens his rebuttal case next week.

"I didn't even see that coming," Solomon exclaimed. The prosecutor revealed his plans after a juror asked a court officer if panelists could visit the scene. When Solomon told attorneys he would tell the entire jury to stay clear of locations mentioned during the trial, Bogdanos piped up, "I'm going to be moving for a visit to the scene."

The judge has to approve such an outing, and Combs' defense seemed opposed, with lawyer Benjamin Brafman noting that the interior of the club has been renovated since the shooting.

It would not be the first time jurors in a high-profile Manhattan case have visited a crime scene. During Bernard Goetz's 1987 subway shooting trial, jurors squeezed into a special car on the J line. A year later, panelists in the "Preppie Murder" case traveled to Central Park twice as they mulled Robert Chambers Jr.'s fate.

The prosecutor's announcement came a day after the high drama of Combs taking the stand in his own defense. Hundreds of spectators lined up for that showdown, but Friday there were plenty of empty seats in the gallery.
photo
Cubilette

Those present, including supermodel Tyson Beckford who made a brief appearance to show support for the defense, saw the first witness take the stand for Combs' protege and co-defendant Jamal "Shyne" Barrow. Patron David Cubilette, a New Jersey flight attendant, testified that another man who was not part of Combs' entourage drew a weapon just before Barrow did.

The prosecution contends that on Dec. 27, 1999, Barrow fired a weapon into a crowd of patrons, striking three while Combs pumped a single bullet into the ceiling. But the defense, pointing to ballistic evidence of a third weapon, claims the group that started the fight was armed and that Barrow felt threatened.

Cubilette said he saw a man — identified by others as Matthew "Scar" Allen — throw money at Combs. Moments later, he said, a second man standing directly to the left of Allen pulled a gun and aimed in the air. Cubilette said he never saw the man's face, but believed him to be part of Allen's group.

But the witness's testimony was not all positive for the defense. Cubilette said Combs and Allen were face to face during the altercation, contradicting the rap mogul's claim that he never got closer than eight feet from Allen.

Allen, a Brooklyn felon who was a fugitive until he was captured in Maryland February 21, is set to take the stand for the prosecution next week.

 

 
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