With Sean “Diddy” Combs sitting in jail on federal sex trafficking and racketeering charges, he faces an uncertain path ahead in the immediate future — with unresolved issues over his detainment and how quickly he’ll face trial.
Combs, who was arrested and charged last week, stands accused of sweeping criminal wrongdoing, including physical abuse, forced labor, kidnapping, arson and bribery. If convicted on all the charges, he potentially faces a sentence of life in prison.
After Judge Andrew L. Carter denied him bail on the grounds that Combs posed a flight risk and might intimidate witnesses, the music mogul’s lead attorney Marc Agnifilo suggested he would appeal that ruling to a federal appeals court. But he has not yet filed that appeal, and such a challenge faces long odds.
Until then, Combs will likely remain at the Metropolitan Detention Center in Brooklyn — a federal correctional facility that has long been criticized for danger and dysfunction. In July, one of New York’s U.S. Congressmen called for an investigation, citing “chronic understaffing, perpetual solitary confinement and widespread violence.” Last month, a federal judge criticized “dangerous, barbaric conditions” at the facility.
In court filings, Agnifilo has called the MDC “horrific” and “not fit for pre-trial detention,” and he suggested at last week’s bail hearing that he would seek to have Combs transferred elsewhere. But Judge Carter told him that decisions on pre-trial jail placement were not within his purview, and in a court filing on Monday, Agnifilo declined to formally ask the judge for a change in jails.
How long will the embattled mogul be waiting at MDC? That depends on when his trial takes place, which is a harder thing to predict than you might think.
Anyone accused of a crime in the U.S. has a constitutional right to a speedy trial, which in federal cases means a jury trial must start within 70 days. Defendants often waive that right to give their attorneys more time to prepare a defense, since prosecutors usually have a head start. But Agnifilo declined to do so last week, saying he was “going to do everything I can to move his case as quickly as possible.”
“I’m going to try and minimize the amount of time he spends in very, very difficult and, I believe, inhumane housing conditions,” Agnifilo said at a press conference on Wednesday.
The demand for a speedy trial suggests that Diddy’s legal team believes there is more advantage to be gained from forcing prosecutors to quickly put their case before a jury, rather than spending more time preparing themselves or attacking the charges with pre-trial motions. The move could allow the government less time to find additional witnesses, and less time to sift through huge amounts of digital records and other evidence. “They’re going to have to accommodate me and him and give us a quick trial, and I’m going to be pushing for that,” Agnifilo said.
But prosecutors can, and very likely will, seek to slow down that timetable.
Under speedy trial rules, the judge can “exclude” certain time from the 70-day timer for a wide variety of reasons. Already, Judge Carter has said in court orders that he will exclude several weeks of time — starting with the Sept. 18 bail hearing and running to the next hearing next month — “in the interest of justice.” The next court date is a status conference currently scheduled for Oct. 9.
Another cause for delay would be if prosecutors filed so-called superseding indictments — an updated version of the case against Diddy. Such a filing could simply add new charges against Diddy based on newly-discovered evidence or testimony, or it could add new defendants to the case — not an unlikely outcome in a case that repeatedly references unnamed co-conspirators in Diddy’s alleged criminal enterprise.
At a press conference announcing the charges, U.S. Attorney Damian Williams suggested that could be exactly what prosecutors are planning. “I can’t take anything off the table,” Williams said. “Anything is possible. Our investigation is very active and ongoing.”