Diddy's legal team files motion for pretrial release as court battle heats up
Disgraced music mogul Sean "Diddy" Combs filed a bail appeal as the legal case involving him progresses. Court docs, obtained by Fox News Digital, asked the judge to approve a pretrial release.
The legal team representing embattled rapper Sean "Diddy" Combs filed a bail appeal on Tuesday morning, as the legal case involving him progresses.
The appeal, which was obtained by Fox News Digital, asked the judge to approve a pretrial release.
"Sean Combs requests that this Court order his release on appropriate bail conditions, and order his immediate release pending disposition of this appeal under Federal Rule of Appellate Procedure 9(a)(3)," the filing reads.
In the document, Combs' lawyer argued that releasing him would not pose a threat to the community.
"Mr. Combs should be released because, regardless of the government’s untested allegations, the proposed conditions will reasonably assure his appearance and the safety of the community," the attorney reasoned.
Combs recently hired Alexandra Shapiro and Anthony Ricco to represent him. Shapiro previously served as federal prosecutor in Manhattan and was one of Justice Ruth Bader Ginsburg’s first clerks on the Supreme Court. She currently represents crypto-king Sam Bankman-Fried. Ricco served as president of the New York Criminal Bar Association.
Per the court documents, Combs "was not released pending trial, even though he offered to comply with restrictive conditions that would have prevented any conceivable risk of flight or danger."
In the appeal, Shapiro argued the court "rejected a plainly sufficient bail package, and violated its obligations under the Bail Reform Act."
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"Mr. Combs is presumed innocent. He traveled to New York to surrender because he knew he was going to be indicted," the appeal stated.
"He took extraordinary steps to demonstrate that he intended to face and contest the charges, not flee. He presented a bail package that would plainly stop him from posing a danger to anyone or contacting any witnesses. Under the Bail Reform Act, 'liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.'"
Combs' appeal comes after the disgraced music mogul was previously denied bail twice.
On Sept. 18, Combs appeared in front of U.S. District Court Judge Andrew Carter for a second chance at bail after being charged with racketeering conspiracy, sex trafficking by force, fraud or coercion, and transportation to engage in prostitution. The rapper entered a not guilty plea hours after an indictment detailing his alleged sex crimes was unsealed.
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Carter cited the possibility that Combs would tamper with witnesses in his reasoning for denying bail. The judge conceded the prosecution had proven "by clear and convincing evidence that there is no condition or set of conditions" to secure community safety.
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Judge Robyn F. Tarnofsky originally denied Combs' bail appeal the day before, on Sept. 17. The judge decided there were "no conditions" she could impose on Combs. Tarnofsky pointed out sex trafficking is a crime that happens behind closed doors, and the rapper would be hard to watch even with pre-trial monitoring services. The judge considered alternatives to detainment but found they were not sufficient. Tarnofsky conceded the weight of the evidence against Combs is significant.
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On Sept. 16, Combs was arrested and charged with racketeering conspiracy; sex trafficking by force, fraud or coercion; and transportation to engage in prostitution. He faces a minimum of 15 years behind bars and a maximum sentence of life in prison if found guilty.
Combs' next court appearance is scheduled for Thursday, Oct. 10.
Fox News Digital's Lauryn Overhultz contributed to this report.
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