Sean “Diddy” Combs To Remain Behind Bars Until Sex Trafficking Trial, Judge Rules As Defense’s Bail Appeal Fails – Update
UPDATE, 2:09 PM: Sean “Diddy” Combs will be staying behind bars until his trial for sex trafficking and more, a federal judge in Manhattan ruled today.
In a just short of two-hour bail appeal hearing Wednesday at the Thurgood Marshall U.S. Courthouse, Judge Andrew Carter rejected the proposed defense pitch of a $50 million bond, regular drug tests, home detention in Miami, no female visitors and more to free the much-accused Bad Boy Entertainment founder.
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Arguing once again for the government, as she did on September 17, Assistant U.S. Attorney Emily Johnson put another shiv into most of the defense’s efforts. In essence, it came down to the twin blades of the threat Combs posed to others and his attempts, past and perhaps future, at obstruction of justice. “The indisputable evidence makes clear you cannot take the defendant at his word,” Johnson declared to the courtroom, with Combs seated nearby.
Just before today’s appeal hearing, the U.S. Attorney’s office filed a reply to the defense’s letter this morning to Judge Carter arguing for the release of Combs. Listing off the toxic trinity of “dangerousness, obstruction, and risk of flight,” the feds stated: “Finally, it bears noting that within the first 24 hours of this case’s unsealing, there are already new concerns about witness interference as well as interference with a fair trial based on the defendant and his counsel’s attempts to publicly discredit one of the victims” (read the U.S. Attorney opposition to Combs’ defense bail appeal here).
In his time at the lectern this afternoon, defense lawyer Marc Agnifilo promised that his client would put up big bucks, essentially isolate himself, stay clean and be surrounded by security to stop him from meeting with almost anyone but his family and attorneys. The proposed private security firm is Sage Intelligence, led by Harvey Weinstein’s P.I. Herman Weisberg.
Agnifilo also promised that Combs would have no smartphone nor internet access so he couldn’t contact witness or others digitally.
Obviously, that wasn’t enough for Judge Carter, who praised the government’s efforts and case.
After months and months of a federal probe, house raids and nearly a dozen civil suits, Combs was arrested on September 16 on charges of racketeering, sex trafficking and transportation to engage in prostitution. Entering a not guilty plea on Tuesday, the 54-year-old rapper could spend the rest of his life in a federal prison if found guilty.
With a few added enticements by the defense aside, the arguments today in front of Judge Carter reiterates the hearing yesterday in front of Magistrate Judge Robyn F. Tarnofsky. At the end of that session, after taking a brief break to confer with court officials, Judge Tarnofsky ruled to keep Combs in the Metropolitan Detention Center in Brooklyn.
No trial date for Combs on the trio of charges has been set yet.
PREVIOUSLY, 11:44 AM: Ahead of a pivotal hearing today, lawyers for Sean “Diddy” Combs are throwing everything and the kitchen sink at a federal judge in hopes of getting their client out on bail.
Having failed Tuesday to secure freedom for the much-accused “It’s All About the Benjamins” performer and producer with promises of a $50 million bond and with a plea deal a pipe dream, Marc Agnifilo and Teny R. Geragos this morning added further conditions to Combs’ proffered pre-trial “proposed bail package.”
In a letter to Judge Andrew Carter (read the bail appeal letter here), the duo pledge that if Combs is released, they will “restrict female visitors to Mr. Combs’ residence except for family, or mothers of his children.”
In addition to the $50 million bond, “home detention with GPS monitoring,” and travel restrictions, Combs also promises to undertake “weekly drug testing” and have “no contact with known grand jury witnesses.” As well, private security will keep a log of everyone who goes in and out of Combs’ primary residences in Miami and restrict access with the exception of “family, property caretakers, and friends who are not considered to be co-conspirators.”
RELATED: A Photo Timeline Of The Accusations & Charges Against Sean “Diddy” Combs
Feds have claimed capacious drug use by Combs and his crew for their illegally-filmed “freak offs” in order to weaken the resolve of reluctant participants. Part of the government’s successful pitch to Magistrate Judge Robyn F. Tarnofsky yesterday to deny Combs’ bail was that the defendant “poses an ongoing and significant danger to the community,” and has tried to intimidate potential witnesses.
Today, as in Tuesday’s two-hour hearing, the defense pushed back against the feds’ position. “Mr. Combs is entitled to gather witnesses to defend himself against the Government’s allegations of sex trafficking and racketeering,” Agnifilo and and partner Geragos (yes, Teny Garagos is renowned lawyer and cable news pundit Mark Geragos’ daughter). “As part of that defense, he, with counsel’s blessing, has called potential defense witnesses to let them know that counsel would reach out to speak with them. Tellingly, the Government does not point to—nor can they—any conversation Mr. Combs has had with a potential witness since he had knowledge of the criminal investigation where he pressured any witness to change their story.”
The hearing today by the defense and the U.S. Attorney’s office before Judge Carter is set for 12:30 pm PT/3:30 pm ET at Manhattan’s Thurgood Marshall U.S. Courthouse.
Arrested on September 16 on charges of racketeering, sex trafficking and transportation to engage in prostitution, Combs entered a plea of not guilty on Tuesday. Looking at sentences of 15 years to life if found guilty of the charges, the 54-year-old self-proclaimed mogul is currently incarcerated at the notoriously-troubled Metropolitan Detention Center in Brooklyn.
Though it may seem incredulous for a man facing nearly a dozen civil suits for sexual assault and having been captured on a LA hotel security camera beating the daylights out of ex-girlfriend Cassie Ventura in 2016 to lean on character as an argument, that is what Combs and his lawyers continue to do.
“Mr. Combs’ history and characteristics are best demonstrated by the way he has responded to this investigation from the very inception to his most recent decision to travel to New York when his lawyers told him that the case could soon be starting,” today’s bail appeal letter states. “He has never run from a challenge, and he will not run from this one. Instead, he takes these challenges head on, he moves toward them confidently and with the assurance that right is on his side. These are not merely the words of his lawyer. Rather, the actions of Mr. Combs over the last several months conclusively prove this.”
It should be noted that among those actions the last several months has been Combs’ denial of all the allegations against him. Among those denials, at least initially, were those related to the claims in the quickly-settled suit from Ventura last November. Combs only copped to any malfeasance this spring when brutal footage from eight years ago surfaced of him blatantly attacking Ventura in a City of Angels hotel corridor.
“My behavior on that video is inexcusable,” Combs said in a short video response he posted on social media on May 19. “I take full responsibility for my actions in that video. I was disgusted then when I did it. I’m disgusted now,” he added. What Combs did not cop to publicly was the fact that he paid out $50,000 for the surveillance footage the day after the vile incident against Ventura to keep the whole thing under wraps.
Neither U.S. Attorney Damian Williams’ office nor Combs’ defense team had any comment when contacted by Deadline on this afternoon’s bail appeal hearing. If they do, this post will be updated.
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