Sex trafficking suspect Sean “Diddy” Combs will not be released on bail, a second judge ruled Wednesday afternoon. His lawyers had appealed for pretrial release from “horrific” jail conditions after a judge ruled Tuesday that the music mogul should remain in custody while awaiting trial.
Federal prosecutors said Combs was arrested Monday night on suspicion of sexually abusing women over a period of years. A federal grand jury indicted him on three felony counts of racketeering, sex trafficking and providing a transportation for the purpose of prostitution, court documents show.
U.S. District Judge Andrew Carter said Wednesday that the bail offered by the defense was “inadequate” and agreed with the government that there were “no conditions to ensure” that Combs would “not obstruct justice” if released.
Combs’ lawyers also asked the judge whether they would consider transferring him from the Metropolitan Detention Center in Brooklyn to a facility in Essex County, N.J. The judge asked the defense to file documents by Monday on the issue of where to transfer him.
The judge set the next hearing in the case for Oct. 9. The defense did not agree to try the case in October.
“The fight continues,” defense attorney Mark Anifilo told reporters as he left court on Wednesday. “We’re not giving up.”
“I’m going to do everything in my power to get his case resolved as quickly as possible,” he continued. “We’re going to fight this case with all our might until we don’t have to fight it any more.”
A loud sigh was heard in the courtroom Wednesday when Combs’ bail request was denied, though it was unclear who did it.
His family, including his three sons, were seated in the second row.
Combs waved to his family as he entered the room and held his hand over his heart, then looked back at them as he was led away after the hearing.
Combs rarely looked back as prosecutors presented their cases, instead looking mostly ahead and occasionally shaking his head but mostly maintaining a blank expression.
The defense argued that he fit the profile of a defendant who should not be held in pretrial detention.
Judge Agnifilo noted in court Wednesday that Combs had respected the court’s standards, surrendered his passport and sold his plane, adding that Combs had anticipated the indictment and flown to New York with plans to appear in court.
Agnifilo said he offered a bail package with “strict and unusual conditions to address the court’s concerns.”
One of the measures he proposed included hiring private security guards to watch Combs 24/7.
The company, Sage Security, will also provide surveillance by former police officers and controlled access to Combs’ home, Mr Anifilo said, adding that Mr Combs has no phone or internet access, making it “virtually impossible” to contact witnesses.
The government argued that Combs is a threat to the community based on the violent offenses detailed in the indictment and the risk of flight due to his significant wealth.
“Defendant’s actions demonstrate that the defense has no control over his client,” a government memo filed in court on Wednesday said.
U.S. Attorney Emily Johnson told the court on Wednesday that the “physical and sexual violence” had been going on for decades and that Combs’ “extensive efforts” to cover it up were evidence of his power.
Johnson said there were no conditions to Combs’ release because he was “implicating other people,” adding that the “evidence is overwhelming” and that “he should remain in custody until his trial.”
Prosecutors said in court that there are “tens of terabytes of data” related to the case and that 300 grand jury subpoenas have been issued. In addition, 20 search warrants have been obtained and the government is processing “vast amounts of electronic devices,” including more than 100 seized cellphones, tablets and iCloud accounts.
The hearing also addressed a video obtained by CNN that shows Combs assaulting his ex-girlfriend, Cathy, who described the assault in a lawsuit she filed against him in November.
Carter called the video “deeply disturbing,” while Anifilo countered that Combs went to rehab after the incident, as did the other person seen in the video.
Mr Agnifilo described the relationship as “heartbreaking in many ways”. The judge, referring to the punching and kicking seen on video, asked: “What does that have to do with love?”
Agnifilo said Combs is a different person than he was then and “the worst things he did were captured on video.”
Prosecutors highlighted comments made by U.S. District Judge Robin Tarnowski in denying bail on Tuesday, saying Combs has a history of drug abuse and possessed weapons that make him a dangerous person.
Tarnowski told Combs that his “history of substance abuse and the fact that his violent acts appear to occur at the same time when he is not necessarily able to control his behavior because of that substance abuse” warranted his detention.
“Your lawyer told me to trust you and him, but I don’t know if you can trust yourself,” Tarnowski said.
Prosecutors said Combs “must be detained” because he “poses a danger to the victim and others through both physical violence and disruptive behavior and is also a flight risk.”
