Sean “Diddy” Combs’ authorized group has filed a movement requesting that the rap mogul be launched on bond from the Brooklyn lockup the place he has been jailed since September, claiming that his ongoing detention, after beating the majority of the costs in his federal trial, is unwarranted.
Within the movement filed on Tuesday to Choose Arun Subramanian, who presided over Combs’ high-profile federal trial the place earlier this month he was discovered not responsible of racketeering and intercourse trafficking however responsible on two counts of transportation to have interaction in prostitution, the attorneys emphasize the distinctive nature of Combs’ scenario and argue that holding him till sentencing on the Metropolitan Detention Heart in Brooklyn is “inconsistent with Justice Division coverage.”
“There are distinctive circumstances warranting a departure from obligatory detention and guaranteeing that Sean Combs is launched,” the attorneys wrote within the 12-page authorized movement.
The movement argues that Combs’ prosecution and continued incarceration are distinctive within the historical past of the Mann Act, the federal regulation that prohibits the interstate or overseas transportation of people to have interaction in prostitution. At his trial, prosecutors argued that Combs used his workers, energy and affect to coerce two girlfriends into taking part in “freak offs” — coordinated, drug-fueled intercourse marathons with employed male intercourse employees, which the rapper would watch and file whereas masturbating.
The jury in the end didn’t purchase that Combs had violated the RICO statute or engaged in intercourse trafficking however he was discovered responsible of the 2 lesser counts associated to the Mann Act. His lawyer argued for his quick launch after the decision was learn, however Subramanian opted to ship Combs again to the Brooklyn jail till his Oct. 3 sentencing listening to.
Taking this set of circumstances, the legal professionals level out within the movement that “there has actually by no means been a case like this one,” whereby an individual stays jailed for paying for consensual intercourse involving a long-term grownup companion.
“Sean Combs shouldn’t be in jail for this conduct. The truth is, he often is the solely particular person presently in a United States jail for being any type of john, and definitely the one particular person in jail for hiring grownup male escorts for him and his girlfriend, when he didn’t even have intercourse with the escort himself,” they wrote.
The movement additionally argues that the Mann Act sometimes applies to these searching for business acquire by means of interstate transportation involving intercourse employees. Citing a 72-year-old Lawyer’s Handbook, the authorized group notes that “as a common rule, prosecution shouldn’t be instituted within the so-called ‘non-commercial’ instances.”
Choose Subramanian famous Combs’ historical past of violence — the extensively seen CCTV footage of Combs brutalizing his girlfriend, Cassie Ventura in a Los Angeles lodge hallway was proven over a dozen instances throughout his trial — in his resolution to disclaim bail. Within the letter, his attorneys argue that Combs poses no future hazard, noting that earlier than he was arrested, he had enrolled in a home violence program.
Combs’ attorneys search his launch on a $50 million bond and state that he would stay at his Miami residence and would solely journey for functions referring to his authorized case. He could be launched below the supervision of the U.S. Pretrial Providers Company and would give up his passport.
Combs faces a doable sentence of as much as 20 years in jail for 2 counts of transportation to have interaction in prostitution. Prosecutors have indicated that they are going to search a possible sentence of 51 to 63 months. The protection has proposed a spread of 21 to 27 months.