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.