The prosecution and defense went back and forth over what parts of Ventura’s testimony regarding the March 2016 assault she endured from Combs at the InterContinental Hotel should be sent back to the jury.

Combs’ defense wanted to include messages between Combs and Ventura leading up to the hotel visit in which they were coordinating a “freak off.” Still, prosecutors wanted it limited to the incident at the hotel itself. Both sides went back and forth until the judge suggested offering the jury Ventura’s entire testimony transcript.

Prosecutor Emily Johnson told the court the prosecution had no problem with this, but defense lawyer Teny Geragos pushed back. Geragos argued that the entire testimony, which is 800 pages long, would be too overwhelming for the jury.

Eventually, they agreed to send a portion of Ventura’s testimony that would include the texts from before and after the hotel assault. An Instagram post Ventura made after CNN released video of the hotel assault will also be given to the jury.

Subramanian ordered that it be ready for the jury by 1 p.m. ET.

The morning started with a heated debate on yesterday’s jury question about a specific aspect of drug distribution. Both sides took the notes as critical opportunities to influence the response.

A note came in yesterday just before court closed for the day, asking whether an individual is considered a distributor if they gave substances to someone who asked for the drugs. Prosecutors pointed to lines on page 37 of the jury charge document, which said that distributing “simply means to deliver, to pass over, or to hand over something to another person.”

Combs is not charged with drug distribution specifically, but possession with intent to distribute is considered a predicate crime within his racketeering charge.

Defense attorney Marc Agnifilo argued that the answer didn’t go far enough, but U.S. District Judge Arun Subramanian ultimately sided with the government on what to send back.

“I just listened to you and I have heard what you said,” Subramanian said to Agnifilo. “I don’t think your concern has any basis.”

The jury requested transcripts of testimony given by Cassie Ventura and Daniel Phillip, a sex worker who was hired for “freak offs” with Combs and Ventura.

They asked specifically for Ventura’s testimony about the March 2016 InterContinental Hotel assault, about when she and Combs were at the Cannes Film Festival and its aftermath, and about her “freak offs” with Phillip. The note also asked what Phillip told the court about a “freak off” at the Essex hotel.

Comey told the judge they reached an agreement on the Phillip testimony and one of the sections regarding the Cannes incident, though there was a dispute over where to cut off the events after the incident. The prosecution added that they are working through the testimony on the InterContinental hotel.

Janice Combs has just arrived as we wait for the jury’s latest note to be read aloud. She had been waiting in the eighth-floor cafeteria. 

The jury sent its fifth note at around 10:27 a.m.

Prosecutors and defense attorneys returned to the courtroom, where they all looked at their phones and conferred about the note. Prosecutor Maurene Comey went to the defense table to chat with defense lawyer Teny Geragos.

Prosecutors were chatting and taking notes as the defense team huddled near the court artist.

Jurors returned to the jury room today for day two of deliberations after completing five and a half hours yesterday.

They sent four notes to the judge, including a question about drug distribution, which the judge will answer after conferring with attorneys.

They went directly to the jury room and began deliberations around 9 a.m.