Lawyers for Sean “Diddy” Combs asked a judge to release him on a $50-million bond on Tuesday while he awaits sentencing in his federal sex crimes case.
This comes after a jury convicted Combs of federal prostitution-related offences but acquitted the performer of sex trafficking and racketeering charges following his eight-week trial.
In a new court filing, Combs’ defence lawyer Marc Agnifilo said conditions at the Metropolitan Detention Center in Brooklyn were “dangerous,” and said defendants convicted in the past of prostitution-related charges that were similar to Combs’ were typically released before their sentencing.
Combs’ sentencing is scheduled for Oct. 3.
“Though Mr. Combs has been a model inmate for his nearly year-long period of confinement, the violent conditions are still very much a concern for Mr. Combs and is an unnecessary confinement risk,” Agnifilo wrote.
During Combs’ trial, the rapper pleaded not guilty, and his lawyers contended that prosecutors were trying to criminalize Combs’ swinger lifestyle.
In all, 34 witnesses testified, headlined by Combs’ former girlfriends Cassie — the R&B singer born Casandra Ventura — and “Jane,” who testified under a pseudonym. Both women said he was often violent toward them. Ventura said he forced her into hundreds of sexual encounters with paid male sex workers, while Jane recounted numerous “hotel nights.”
But Combs’ lawyer continues to argue that he “should not be in jail for this conduct” in the new filing.
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“In fact, he may be the only person currently in a United States jail for being any sort of john and certainly the only person in jail for hiring adult male escorts for him and his girlfriend, when he did not even have sex with the escort himself,” Agnifilo wrote.
“In addition, Mr. Combs is incarcerated while everyone else involved in this identical conduct —his girlfriends, the ‘cowboys,’ the agency’s leaders, the porn stars and others — walk free, as they should.”
Agnifilo argued that the court “should release” Combs “on reasonable conditions” in advance of sentencing.
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The lawyer claimed that Combs “is not a risk of flight nor is he a danger to the community or to any specific people.”
“Given the undisputed facts that Mr. Combs voluntarily came to New York to surrender in this case in advance of his arrest, that he surrendered his passport to his lawyers six months before his arrest, that he paid off the outstanding mortgage on his home in Miami prior to his arrest so that he would own a home free and clear to secure any bail package, and that he has now been acquitted of the Racketeering Conspiracy and Sex Trafficking Charges against him, there is no serious argument that he is a flight risk,” he added in the new filing.
Agnifilo said that if Combs is released on conditions, he “will not be violent to anyone.”
“As we said in court, this jury gave him his life back, and he will not squander his second chance at life, nor would he do anything to further jeopardize his seven children not having a father, and four of his children not having a parent at all,” Agnifilo wrote.
“The Court can fashion any set of conditions, and Mr. Combs will abide by any condition, to make the Court comfortable that Mr. Combs will not be violent toward any person.”
Agnifilo added a proposed bail package for the rapper with conditions including “a $50-million bond secured by Mr. Combs’ home in Miami,” which would also be co-signed by three “financially responsible people.”
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It also includes the conditions that Combs “will reside in his home in Miami,” “Combs’ travel will be limited to the Southern District of Florida, the Southern District of New York for attorney meetings, as well as airports necessary to travel between the two,” and “Combs’ passport will be surrendered to Pretrial Services and he shall not apply for any other passport.”
Combs would also be required to be “placed under the express supervision of the U.S. Pretrial Services Agency (PTS) and must report to that agency as directed by PTS.”
“If the Court finds more extreme conditions necessary, the Court may also add any or all of the following conditions: home detention, private security approved by the Court and Pretrial Services with the cost borne by the defendant, mental health treatment, substance abuse treatment, electronic surveillance of the defendant or any other condition the court deems necessary,” Agnifilo added of the terms.
His lawyer added that with all of the conditions posed, “Mr. Combs can show by clear and convincing evidence that he does not pose a danger to the community, and he would fully surrender to supervision by Pretrial Services to ensure that the Court knows that Mr. Combs does not pose a danger to any person.”
Combs’ legal team made a similar argument to Judge Arun Subramanian after his sentencing, asking him to grant bail to the hip-hop mogul.
Subramanian declined and said the applicable law didn’t allow for Combs’ release at that time.
Among other reasons, the judge noted Combs’ violent history: “At trial, the defence conceded the defendant’s violence in his personal relationships, saying it happened with Cassie and Jane.”
After the verdict was read, Agnifilo asked the court to release Combs from federal detention on conditional bail to his home in Miami, Fla., and offered a $1 million bond. Prosecutor Maurene Comey argued that Combs should remain in jail until sentencing.
Subramanian asked the prosecution and defence to each prepare a letter arguing their position on whether Combs should be granted bail, which he later declined.
— With files from Reuters and The Associated Press
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