Sean ‘Diddy’ Combs has been denied bail, and must now remain behind bars in New York City as he awaits sentencing on prostitution-related charges.
The 55-year-old rapper has been imprisoned at the infamous Metropolitan Detention Center Brooklyn since his arrest last September for coercing women into having drug-fueled sex marathons with men while he watched.
Combs was ultimately acquitted of the most serious charges – racketeering conspiracy and sex trafficking charges carrying potential life prison terms.
But he was convicted last month of two counts of transportation to engage in prostitution for arranging for girlfriends and male sex workers to travel to engage in sexual encounters that he filmed – charges that carry a maximum penalty of 10 years in prison.
The Bad Boy Records founder is now due to be sentenced on October 3, and his lawyers have repeatedly argued he should be allowed to go free until then.
Judge Arun Subramanian, who oversaw the entire trial, initially denied the request following the verdict on July 2, noting that Combs had admitted he was violent with two of his ex-girlfriends and declaring that he is a risk to society.
Yet defense attorney Marc Agnifilo tried again to get his client released on bail last week, citing the severe conditions at the Brooklyn detention center known for its extensive lockdowns and inadequate medical care, and claiming Combs was being treated unfairly for engaging in a ‘swingers’ lifestyle.
Prosecutors quickly fought back, arguing that Combs’ conviction carries a mandatory requirement that he remains in jail prior to sentencing – and Subramanian ruled against the motion on Monday.
‘Combs failed to satisfy his burden to demonstrate an entitlement to release,’ he wrote in his decision.
The judge went on to say the I’ll Be Missing You singer’s arguments ‘might have traction in a case that didn’t involve evidence of violence, coercion or subjugation in connection with the acts of prostitution at issue, but the record here contains evidence of all three.’
Still, Subramanian said his decision not to allow Combs to go free does not foreshadow what sentence he might impose against the rapper.
The judge will now have wide latitude in determining how long Combs will stay in jail – and can even choose to ignore guidelines meant to prevent wide disparities in sentencings for the same crimes, which are not mandatory.
Those guidelines, if properly calculated, would call for the hip hop mogul to serve between 21 to 27 months in prison, his lawyers have said.
Prosecutors, though, have said the guidelines would result in Combs serving four to five years behind bars for his crimes.
Even then, they suggested last week, the guidelines ‘will be substantially higher’ in the rapper’s case as they raised the risk that he may flee if he were released on bail.
They noted that the conditions at the federal lockup had improved considerably before Combs was arrested.
Prosecutors also argued that Combs poses a threat to the community citing his ‘extensive history of violence – and his continued attempt to minimize his recent violent conduct.’
But Agnifilo denied those claims.
‘Sean Combs will not be violent to anyone,’ he wrote in his filing.
‘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.’
The lawyer added that his client would be amenable to house arrest at his Miami home, electronic monitoring, private security guards and other requirements.
The defense received support from an unlikely ally in its request – Diddy’s ex-girlfriend Gina Huynh, who was initially expected to testify against him before going MIA at his trial.
‘I do not view Mr Combs as a danger to me or the community,’ she wrote in a letter of support, seen by the Daily Mail.
‘To my knowledge, he has not been violent for many years and he has been committed to being a father first.’
She also claimed that by the time she and Diddy had ended their relationship, he ’embodied an energy of love, patience and gentleness that was markedly different from his past behavior.’
‘Our relationship, like many, was not always perfect,’ she noted. ‘We experienced ups and downs, and mistakes were made, but he was willing to acknowledge his mistakes and make better decisions in the future.
‘Over the years that followed, he made visible efforts to become a better person and to address the harm he had caused.’
Meanwhile, President Donald Trump is reportedly considering pardoning the rapper.
In an interview with Newsmax on Friday, the president said he would probably not do so – but argued that Combs’ acquittal on the sex-trafficking and racketeering conspiracy charges meant he was ‘essentially, sort of, half innocent’.
