Updated March 16, 2001, 3:14 p.m. ET
Puffy jury still deliberating on third day  
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Jurors continue deliberations in weapons and bribery trial of rapper Sean "Puffy" Combs

NEW YORK —Indicating it may have moved past the details of the chaotic shootout at Club New York, jurors deciding the fate of Sean "Puffy" Combs asked to rehear testimony pertaining to what happened just after the 1999 shooting at the Times Square disco.

The jury asked to rehear the testimony of Officer Mark Rowley who spoke to pop star Jennifer Lopez shortly after police stopped the Lincoln Navigator that carried Combs and Lopez away from the shooting that night. During the trial, the officer testified that Lopez had tried to leave the scene in a limousine and said "It's not my gun."

That outburst, according to the prosecution, proved that Lopez had seen a gun in the SUV. A 9 mm gun was found underneath the front passenger's seat.

Jurors also asked for a transcript of a voice mail message Combs later left for Wardel Fenderson, his chauffeur that night and a key prosecution witness. The prosecution argued that the message showed that Combs was trying to bribe the chauffeur. The rapper testified that he was only trying to comfort his weekend driver after the man lost his regular job.

The requests came on the third day of deliberations in the weapons and bribery trial against the rap mogul, and a day after jurors expressed frustration and exhaustion to judge.

Late Thursday, one female juror appeared near tears, and the entire panel sent a note to Judge Charles Solomon at 6:15 p.m., saying they were tired and frustrated and wanted to quit for the day.

"We are very exhausted and feel any further discussion would be counterproductive," the forewoman wrote in the note.

The judge agreed, telling the seven men and five women to go to dinner and then to the hotel where they are sequestered. Deliberations resumed Friday morning and will continue through the weekend if no verdict is reached.

"We think this is perfectly normal," said Combs' attorney, Benjamin Brafman, as he left court on Thursday evening. "You have 12 people conferring in a small room."

The panel appeared to be concerned during Thursday's deliberations with ballistic evidence from the 1999 night club shooting that landed the rap mogul in jail.

The jury asked that nearly two hours of a police ballistic expert's testimony be read back to them. Earlier Thursday, the jury requested court officers bring them photographs of the bullet-pocked interior of the disco as well as the actual bullets and shell casings recovered at the scene.

Combs, the 31-year-old head of Bad Boy Entertainment sat in the empty courtroom reading The Celestine Prophecy, the popular bestselling new age book, and chatted with his attorneys who continued to describe him as confident, but concerned.

Outside the Manhattan courthouse, scores of journalists from around the world kept vigil for a verdict.

The charges against Combs and two co-defendants, bodyguard Anthony "Wolf" Jones and rapper Jamal "Shyne" Barrow, stem from a Dec. 27, 1999, shooting at Club New York, where the trio was partying with Combs' then-girlfriend Jennifer Lopez.

After an argument broke out between Combs' entourage and another group of patrons, guns were pulled and three bystanders struck. Shells from both 9 mm guns, the type of weapon Combs, Jones and Barrow are accused of possessing and a .40-caliber weapon were recovered. Barrow, an artist on Combs' label, is accused of shooting the three and Combs of firing a bullet into the air.

Brafman and Combs' other attorney, Johnnie Cochran, speculated that the panel was still weighing the evidence against Barrow, who faces 25 years in prison for attempted murder. On Wednesday, just four hours into their deliberation they asked Solomon to re-explain the most serious charges against Barrow.

Ballistic evidence was important to both sides. Prosecutor Matthew Bogdanos told the jury that by matching the trajectories of the bullets mapped by the expert with the eyewitness accounts it was clear Combs fired a gun that struck the ceiling and that Barrow squeezed off bullets that hit the victims and the wall.

The defense argued that the presence of a .40-caliber weapon in the club, a weapon never found by the police, was reasonable doubt. Barrow's lawyer said he had fired about the crowd in self-defense after someone in the opposing group drew a gun and began firing. The defense noted that it was impossible to tell whether the wounded were struck by a .40-caliber or a 9 mm gun.

 

 
 


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