NEW YORK — A second judge denied Sean “Diddy” Combs‘ request for pretrial release amid concerns he may try to tamper with witnesses in his federal sex trafficking trial in New York.
Sean Combs, seated right, listens to his attorney, Marc Agnifilo, argue in Manhattan Federal Court in New York that he deserves bail on Tuesday, Sept. 17, 2024, (Elizabeth Williams via AP)
The music mogul and his attorneys returned to Manhattan federal court on Wednesday to appeal a lower court’s ruling rejecting his request for bond, keeping him locked up pending trial.
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A three-count indictment accuses Combs of using his sprawling business empire to create a “criminal enterprise” whose members engaged in kidnapping and trafficking of women and sex workers “to fulfill his sexual desires.” Combs pleaded not guilty Tuesday to racketeering, sex trafficking and transportation to engage in prostitution.
Federal prosecutors asked that Combs be held without bail, arguing he’s at risk of fleeing the country and tampering with witnesses and poses a serious danger to the community. Combs’ attorneys said he poses no such threats and requested his release on a $50 million bond that included electronic monitoring and assurances that Combs would not leave his Miami home except for court appearances.
U.S. District Judge Andrew L. Carter concurred with the magistrate court’s ruling that federal prosecutors had proved “by clear and convincing evidence” that no conditions he could impose would ensure the safety of community or that Combs won’t tamper with witnesses.
The Government’s Argument for Pretrial Detention
Assistant State Attorney Emily Johnson argued in Wednesday’s hearing that the conduct of which Combs is accused reflects an alleged longstanding propensity for violence, witness intimidation and obstruction of justice. Johnson said the evidence would show Combs used threats of violence, actual violence and extortion to force women to participate in drug-fueled “freak offs” that Combs often recorded as blackmail.
Johnson said the government has texts, recorded phone calls and other forms of digital evidence showing that Combs was in “constant contact” in June and July with a witness who received a grand jury subpoena. Combs communicated with the witness through an intermediary, making obstruction “even more difficult to detect,” the prosecutor said.
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Other texts shed light on violence the women allegedly experienced during “freak offs,” Johnson told the judge. “I’m not a rag doll, I’m someone’s child,” one woman allegedly texted Combs in an exchange that included descriptions of her injuries.
The prosecutor also drew the Court’s attention to March 2016 hotel surveillance video showing Combs assaulting then-girlfriend, R&B singer Casandra “Cassie” Ventura, after an alleged “freak-off.” The video is expected to become key evidence in the government’s case.
Johnson disputed the defense’s portrayal of the clash as a toxic lovers’ quarrel that amounted to misdemeanor assault. The prosecutor accused Combs of trying to cover up the attack with bribes of hotel employees and manipulative texts to Ventura.
“You gonna abandon me all alone? ” Combs allegedly said to Ventura in a text message, according to the prosecutor.
“You’re sick for thinking it’s okay to do what you’ve done,” Ventura allegedly texted Combs at some point after the attack, the prosecutor said.
Ventura shared her account of the attack in a lawsuit she filed against Combs in November 2023 that included sexual abuse allegations. After Combs settled the lawsuit days later for an undisclosed amount, the prosecutor said he contacted Ventura through an intermediary and tried to convince her that she willingly had sex with him.
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Combs continued to deny the attack occurred until CNN released the hotel surveillance video in March, the prosecutor said.
“The sequence of events make clear that you cannot take the defendant at his word when he denies criminal conduct,” the prosecutor said.
The Defense Offers a ‘Foolproof System’
Combs’ lawyer, Marc Agnifilo, tried to alleviate the Court’s witness tampering concerns by offering an alternative explanation for the hotel incident and proposing new restrictions for apossible home detention.
Agnifilo told the judge the hotel incident — including the presence of a sex worker in the couple’s room — may be evidence of a toxic relationship but not of sex trafficking.
“This was a 10-year relationship that was very loving at times,” Agnifilo said. “The way they chose to be intimate is they’d bring in a third person… that was their thing.”
The defense lawyer said the clash began in the hotel room, when Ventura discovered evidence of Combs’ infidelity on his phone and ran out of the room with his bag of clothes.
Judge Carter peppered Agnifilo with questions that seemed to indicate which was he leaning.
He pressed Agnifilo to explain the relevance of the defense’s position on the hotel incident to the question of Combs’ dangerousness: “What’s love got to do with that?” Carter mused.
“Nothing,” Agnifilo responded. “The problems are related to jealousy… you have fights in both directions.”
The judge pressed further: Is that why Combs chased Ventura down the hallway, punched and kicked her and threw a vase at her? “I’m saying it’s not sex trafficking,” Agnifilo said.
“I agree, it’s a hard video to watch,” the defense lawyer continued. “But that doesn’t mean he should be incarcerated… he’s not the same person.”
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Agnifilo also brought new conditions to his bail proposal in what he described as a “foolproof system” that he said would make witness intimidation “virtually impossible.” The new provisions included:
- Security personnel monitor Combs’ Miami residence 24 hours a day and seven days each week
- Combs loses access to the internet or a cell phone
- No visitors except for family and friends who are approved by the Court or pretrial services
- Combs does not leave the residence except for court appearances in New York
- Combs does not speak to potential witnesses
The judge asked how Agnifilo would ensure Combs did not contact witnesses through his visitors or other third-parties. Agnifilo proposed “spot checks” to make sure Combs was not using the phone or the internet and using his home security system to monitor him.
The judge was ultimately unpersuaded. “He can still intimidate witnesses through intermediaries,” Carter said in his ruling.
What’s next?
A status conference is scheduled for October 9 where both sides are expected to update the Court on the status of the exchange of evidence, also known as discovery.
Both sides consented to pausing the clock on speedy trial deadline to give the defense time to decide if they want a speedy trial.
Agnifilo also asked if it was possible to move Combs from the Metropolitan Detention Center in Brooklyn to another federal facility in Essex County, NJ, citing “considerable difficulties” he anticipated in trying to meet Combs to review evidence — especially digital evidence.
Judge Carter likened the request to something he typically hears at sentencing, where a judge can make a recommendation on a defendant’s placement, but the ultimate decision lies with the Bureau of Prisons. Carter said he had never encountered such a request in pre-trial and asked Agnifilo to find guidance on what (if any) authority the Court has with respect to the defendant’s placement.
