A Manhattan federal judge on Wednesday (November 27) again refused to release Sean “Diddy” Combs on bail ahead of his sex-trafficking and extortion trial next year, citing the rapper's “propensity for violence” and evidence that he is “serious danger”. witness tampering”.
The star's lawyers had argued that he could be released on $50 million bail and live under house arrest with “near total” restrictions, but federal prosecutors had argued that Diddy was trying to “subvert the integrity” of the case by prison and will continue to do so if released.
In a ruling issued late Wednesday, the judge Arun Subramanian sided with the government, saying “no condition or combination of conditions will reasonably ensure the safety of the community” if Combs is released before trial.
“There is compelling evidence of Combs' propensity for violence,” the judge wrote. “There is evidence to support 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 subpoenaed to testify before the grand jury and that he had likely already violated prison rules since his arrest in September. The judge also cited a legal precedent that said “wealthy defendants” should not be released on bail to “self-funded private prisons.”
“Given the nature of the allegations in this case and the information provided by the government, the Court doubts the sufficiency of any conditions entrusting Combs and the individuals in his employ — such as a private security detail — to comply with these conditions Subramanian wrote.
A representative for Combs did not immediately return a request for comment Wednesday night.
Combs was indicted in September, accused of running an extensive criminal enterprise aimed at satisfying his need for “sexual gratification.” The case centers on elaborate “freak” parties in which Combs and others allegedly drugged victims and then forced them to have sex, as well as alleged acts of violence to keep victims quiet.
A trial is scheduled to begin on May 5. If convicted of all charges, Combs faces a possible life sentence.
At a hearing in September, the judge Andrew L. Carter refused to release Combs on bail, saying prosecutors had presented “clear and convincing evidence” that he was a danger to the community. He said “no condition or set of conditions” could protect 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 post a $50 million bond, but with a “much stronger” package of restrictions. They also mentioned the recent release of the former CEO of Abercrombie & Fitch Mike Jeffries after being arrested on similar sex-trafficking charges.
“There is no legal basis to continue to force Mr. Cobbs to prepare for trial from prison,” his attorneys wrote in court filings.
The government hit back last week, arguing that Combs would still pose a serious obstruction of justice risk if released. In doing so, they accused Diddy of trying to tamper with the case behind bars, including tampering with witnesses, leaking favorable material and orchestrating “social media campaigns” to sway public opinion and taint the jury pool.
“The defendant has continued to engage in a relentless course of obstructive behavior intended to undermine 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 also likely will resume his appeal of the bail issue to the US Court of Appeals for the Second Circuit, which is on hold while he asked Judge Subramanian to review it.
from our partners at https://www.billboard.com/pro/diddy-denied-bail-again-sex-trafficking-case/