Judge Mathis Says Diddy Should Use Dismissed Juror In Appeal If He Loses Case

TMZ

Judge Mathis says Diddy has some more ammo for a potential appeal if he ends up getting convicted in his federal criminal trial ... namely, a juror being dismissed by the judge.

Transcript

00:00what do you think about this that that especially juror number six by the way african-american

00:07replaced by a white juror and there are rumblings in the defense i'm told that they're going to make

00:14a racial argument well they've already said they want a mistrial if if the judge does this right

00:19i don't think it's going to happen but they're on the record saying this is a this is a problem

00:23i think that uh certainly there could have been another uh residence that he was staying with

00:29his girlfriend right so he's going back and forth that's frequent um uh and so in that sense he

00:35could still be living within the jurisdiction of the jury pool but additionally i think the fact that

00:42uh they did not give a a full hearing to the defense to be able to bring in affidavits to be able to

00:50bring in uh utility bills things of that nature that would prove that he's a resident of the bronze

00:56uh i think that's what should have occurred uh before removing him and in fact i think they

01:02should make a motion now to revisit it so what i hear you saying judge is that if in the case if the

01:08defense if diddy loses you think that this is a good grounds for appeal yes i think it would be uh

01:14because you haven't allowed a proper opportunity to prove residency that's why i'm stuck at why didn't

01:20you allow a proper opportunity in hearing uh to prove residency which would have included affidavits

01:28and i'm sure the defense would have done that and so that's why i'm uh uh that's my view is that there

01:34should have been more of a hearing before discharging the juror and on the other juror getting this text

01:39message uh how would you react to that yeah of course you have to follow the law and the court rules

01:45that apply to that state however let's be real um those folks on the jury they tell someone their

01:52loved one whomever that they're on the jury and then the word gets out i mean these are real people

01:58the law is the law is paper and these people are real uh and so although we expect them not to tell

02:05folks that they are on the jury they're doing just that but once it has been brought to your attention

02:10then you have to treat this like look this is a violation and this person probably shouldn't be

02:16on the jury that's correct and so i'm in favor of that i agree with that that that person should

02:21have been removed from the jury having um uh outside contacts regarding the uh trial

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