Combs' Xavier Donaldson: Let me make a record. We didn't want an inquire because it might have a chilling effect. It is very very very common to have a girlfriend in New Jersey or vice versa. He should have been allowed to explain. These jurors have been attentive

Combs' Donaldson: I'm concerned that the Court is equating inconsistencies with lying or hiding something from the court. If you bring him out here we can come to some soft of understanding. He has come here every day. I've been in this court 25 or 30 years

Combs' Donaldson: There have been issues with representation of African American and Hispanic jurors in this District. We taken a step with this jury, now we're talking a step backward. Some say Black and Hispanic jurors don't answer the call. He did

Judge: Anything from the government? AUSA: I have nothing to add to your Honor's ruling. Mr. Donaldson is suggesting we make the decision here based on race. But the focus here is the integrity of the proceeding. The alternates have also been showing up on time

Judge: In voir dire, he said, I live in the Bronx with my fiancee and daughter. There is no reason to lie but to try to get onto the jury. Then on the colloquy he said he had just moved to New Jersey, adding that his daughter had been living in New Jersey

Judge: He said, All my bills go to the Bronx- it's that he wanted to be on the jury. After the break, he says he actually spends more of his time in The Bronx, which is flat inconsistent with what he'd previously said. The juror is shading answers to stay on jury

Judge: What's why this is the right thing, to move to the alternate. Combs' Donaldson: It is going to be a less diverse jury That is a fact. Seeing that I've seen in this District, it is paramount to get a representative jury, particularly in this city.

Judge: I've heard you, Mr. Donaldson. Combs' Agnifilo: I've got a new argument - there was a state case that there's a difference between the principle jurors and the alternate jurors. I know I'm throwing the ball in the end zone with NY law [Hail Mary]

Combs' Steel: They bring this up now, after weeks of watching the jurors' reactions - now they go back to voir dire. Everybody knew but no one did anything. At the least bring in the juror to potentially explain. Judge: I'll consider all this.

Judge: This came up in a colloquy this week, in an organic way. If the defense knew it before, that's something else. I'm going to thank Mr. Donaldson and Mr. Agnifilo for the issues they raised. If there's a change in my thinking I'll let you know.

AUSA: For the record, we had no idea during voir dire. Judge: All right. Let me have the parties at the sidebar. [Why? The jury is not here. #CourtroomConfidential