In their third note of the day, the jury asked whether a person asking for drugs before receiving them changes how jury should consider the narcotics distribution allegations in the case.
The note specifically referenced page 36 of the jury instructions, which reads, "The elements of distributing or possessing with intent to distribute a controlled substance are: 1. The conspirator distributed a controlled substance, or possessed a controlled substance with intent to distribute it; 2. The conspirator did so knowingly and intentionally; and 3. The substance was in fact a controlled substance."
Prosecutor Maurene Comey argued that the judge should tell the jury that someone asking for drugs does not have an impact on how the jury should view the allegations. Whether or not the drugs were requested, she argued, does not change that the actions amount to illegal distribution of a controlled substance. Comey had previously argued that the jury can convict Combs for racketeering conspiracy based on two instances of narcotics distribution alone.
"There is clearly some misunderstanding about what the recipient thought or did. It doesn't," she said.
Combs' attorneys requested more time to consider how to respond to the question.
The fourth and final note of the day said the jury planned on ending their deliberations at 5 p.m. and resuming Tuesday morning at 9 a.m. Judge Arun Subramanian previously said the jury could set their own schedule for deliberations.
He brought the jury back into the courtroom to thank them for their service, remind them to avoid any news about the case, and return promptly to resume the deliberations on Tuesday. He also told them that they would have an answer to their question abouts narcotics distribution by the morning.
Combs sat ramrod straight at the counsel table and looked at the jury, as Judge Subramanian dismissed them.
"You should continue to have an open mind when you resume your deliberations with one another," Subramanian said.
The first note indicated their choice of foreperson, and the second note concerned a juror who could not follow the judge's instructions, according to the note from the foreperson.
The contents of the note were not immediately known.