sean combs

A Manhattan federal judge on Wednesday (Nov. 27) again refused to release Sean “Diddy” Combs on bail ahead of his sex trafficking and racketeering trial next year, citing the rapper’s “propensity for violence” and evidence that he poses “a serious risk of witness tampering.”
The star’s lawyers had argued he could be released on a $50 million bond and live under house arrest with “near-total” restrictions, but federal prosecutors had argued that Diddy had been trying to “subvert the integrity” of the case from jail and would continue to do so if released.

In a ruling issued late Wednesday, Judge Arun Subramanian sided with the government, saying that “no condition or combination of conditions will reasonably assure the safety of the community” if Combs was released ahead of trial.

“There is compelling evidence of Combs’s propensity for violence,” the judge wrote. “There is evidence supporting a serious risk of witness tampering.”

In denying bail, Judge Subramanian cited evidence that Combs had “initiated and had unexplained communication” with a witness who had been called to testify before the grand jury and that he had likely already violated prison rules since he was arrested in September. The judge also cited a legal precedent that said “wealthy defendants” should not be released on bail to “self-funded private jails.”

“Given the nature of the allegations in this case and the information provided by the government, the Court doubts the sufficiency of any conditions that place trust in Combs and individuals in his employ —like a private security detail — to follow those conditions,” Judge Subramanian wrote.

A spokesperson for Combs did not immediately return a request for comment on Wednesday evening.

Combs was indicted in September, charged with running a sprawling criminal operation aimed at satisfying his need for “sexual gratification.” The case centers on elaborate “freak off” parties in which Combs and others would allegedly ply victims with drugs and then coerce them into having sex, as well as on alleged acts of violence to keep victims silent.

A trial is currently set to start on May 5. If convicted on all of the charges, Combs faces a potential life prison sentence.

At a hearing in September, Judge Andrew L. Carter refused to release Combs on bail, saying that prosecutors had presented “clear and convincing evidence” that he posed a danger to the community. He said “no condition or set of conditions” could guard against the risk of Combs obstructing the investigation or threatening or harming witnesses.

Earlier this month, Combs’ lawyers renewed their request for bail with Judge Subramanian, who took over the case last month after Judge Carter recused himself. They again offered to pay a $50 million bond but with a “far more robust” package of restrictions. They also cited the recent release of former Abercrombie & Fitch CEO Mike Jeffries after he was arrested on similar sex trafficking charges.

“There is no legal basis for continuing to force Mr. Combs to prepare for trial from jail,” his lawyers wrote in court filings.

The government fired back last week, arguing that Combs would still pose a grave risk of obstruction of justice if released. In doing so, they accused Diddy of trying to tamper with the case from behind bars, including reaching out to witnesses, leaking favorable materials, and orchestrating “social media campaigns” to influence public opinion and taint the jury pool.

“Defendant has continued to engage in a relentless course of obstructive conduct designed to subvert the integrity of these proceedings,” the prosecution wrote in the filing.

The decision means that until trial, Combs will remain in custody at the Metropolitan Detention Center, a federal prison in Brooklyn often used to house defendants awaiting trial. He will also likely re-launch his appeal of the bail issue to the U.S. Court of Appeals for the Second Circuit, which has been on hold while he asked Judge Subramanian to reconsider.

A federal judge ordered prosecutors Tuesday not to use papers taken from the jail cell of Sean “Diddy” Combs until he rules on defense claims that they are trial preparation materials protected by attorney-client privilege.

Judge Arun Subramanian made his ruling at a Manhattan federal court hearing after lawyers fiercely disputed the circumstances and relevance of the seizure of 19 pages that were photographed by an investigator inside the cell of the music mogul.

Combs, who has pleaded not guilty to all charges, is accused of coercing and abusing women for years with the aid of a network of associates and employees.

The seizure came during what the government has described as a multi-day sweep of all cells at the Metropolitan Detention Center in Brooklyn, intended to remove any weapons or contraband as an anti-violence measure.

Defense lawyer Marc Agnifilo said he may ask the judge to dismiss the indictment or force a recusal of prosecutors if the judge rules that the materials were obtained and used improperly.

Combs, who hugged his lawyers when he first entered the courtroom, carried a stack of papers as he was led away at the end of the hearing.

Agnifilo said he was unaware that the papers in Combs’ cell had been photographed by an investigator with the Bureau of Prisons and turned over to prosecutors until he saw them cited in written arguments opposing his $50 million bail proposal. A bail hearing is set for Friday.

He said two references to the papers were made as prosecutors argued that Combs has continued to commit crimes since his September arrest.

Prosecutors said Combs orchestrated social media campaigns aimed at tainting the jury pool, tried to publicly leak materials he thought would be helpful to his case and contacted potential witnesses through third parties.

Assistant U.S. Attorney Mary Slavik said the seized materials were scrutinized by independent government lawyers who are walled off from the prosecution to determine if they were protected by attorney-client privilege.

They were not discussed with defense lawyers because some of them were deemed to pertain to a covert and continuing investigation of Combs, she said.

Slavik also said prosecutors had no contact with jail officials beforehand and gave no instructions regarding any search of Combs’ cell.

Some of the photographed pages contained a to-do list and inspirational quotes along with comments about birthdays, according to Slavik, while two excerpts pertained to Combs paying and finding damaging material about potential witnesses.

Agnifilo said, however, that even things that seem unrelated to the case are protected by attorney-client privilege. For instance, he said, attorneys have discussed with Combs prospective witnesses they might call.

“Every single thing” in the seized papers is subject to attorney-client privilege because Combs discussed them with lawyers, Agnifilo said.

“The government now knows potential defense witnesses for a May 5 trial,” he added. “This has been a complete government failure.”

The judge asked each side to submit written arguments in the coming weeks.

This story was originally published by The Associated Press.