Sean 'Diddy' Combs again requests release from jail, but with new conditions
Sean "Diddy" Combs is again renewing his request to be released from jail ahead of his May 2025 criminal trial.
On Friday, Combs' legal team filed another bid for the hip-hop mogul to be freed from Brooklyn's Metropolitan Detention Center by proposing what they called "an extremely substantial, comprehensive bail package." Combs' previous attempts to be released from jail on bond have been denied by multiple judges.
According to federal court filings reviewed by USA TODAY, Combs' attorneys added more conditions to their previous bond proposals to argue he is not a flight risk. They also denied he's a danger to society by suggesting the government's evidence of his alleged crimes — racketeering, sex trafficking and transportation to engage in prostitution — do not hold as much "weight" as they've suggested.
Combs' team also argues his detention "makes trial preparation impossible" due to his inconsistent access to his legal counsel and evidence being presented against him.
Diddy's lawyers propose $50 million bond, home detention, no internet access
Friday's renewed motion for bail is Combs' fourth attempt at being released before his trial, following two requests around the time he was charged and an appeal filed in the Second Circuit Court of Appeals in September.
This latest proposal, like those prior, offers a $50 million bond secured by the equity in Combs and his mother's Florida homes, implementation of a 24/7 monitoring service by approved security personnel, no internet or phone access for Combs outside of meetings with legal counsel, a pre-approved visitor list consisting of select family members and surrendered passports belonging to the rapper and his family members.
This latest bid also mentions Combs being willing to participate in "full home detention" at either his $48 million Miami home "or at a suitable location in New York." His family visits would be monitored by his assigned security, and Combs would be subject to "testing for a prohibited substance" as needed.
The first time Combs sought bail, U.S. Magistrate Judge Robyn Tarnofsky sided with U.S. attorneys' argument that Combs posed a risk if he were to be released for home detention. The following day, Judge Andrew L. Carter, Jr. — who has since recused himself from the case — also ruled against Combs, determining that no amount of bail could guarantee Combs wouldn't tamper with witnesses.
Last month, federal appeals court judge William J. Nardini denied Combs' request for immediate release pending the court's decision on his motion for bail. Nardini referred the motion to a three-judge panel within the Second Circuit Court of Appeals.
Lawyers: 'Impossible' for Diddy to prepare for trial while jailed at the Metropolitan Detention Center
Combs' team argues the conditions at the MDC, where he's been jailed since he was arraigned on Sept. 17, are not conducive to adequate preparation for defending himself in court.
They point to Combs not having access to a "compliant" laptop they supplied a month ago so he can review "discovery that is critical to his defense and trial preparation." His lawyers also claim frequent sweeps and lockdowns at the jail prevent him from meeting with them and also having access to materials like pens and notebooks.
"Even assuming Mr. Combs obtains a laptop and counsel is able to share critical discovery with him and visit him at the MDC every day, uninterrupted, it will be impossible for Mr. Combs to review this incredible volume of evidence under the present conditions," his attorneys wrote.
Diddy's lawyers push back on government's evidence being proof of crimes
They also claim the "23.5 terabytes of discovery material," including video evidence, that Combs' lawyers have received from the prosecution is not as incriminating as the government has suggested.
The partially redacted filing appears to reference the government possessing unspecified evidence regarding Combs and his ex-girlfriend Cassie Ventura, who accused him in a November 2023 lawsuit of rape, abuse and sex trafficking. In May, CNN released 2016 hotel surveillance footage showing Combs kicking, hitting and dragging Cassie.
New evidence prosecutors provided to the defense, Combs' lawyers say, undermines their claims that the footage depicted the fallout of one of Combs' "freak offs," or coerced sexual performances. The rapper's legal team has previously described the assault footage as evidence of a toxic long-term relationship rather than proof of sex trafficking.
One of the prosecutors, Emily Johnson, said during Combs' Sept. 18 bond hearing that “the events of March 5, 2016, are powerful evidence of trafficking, a recorded example of defendant's use of force in connection with a freak off.”
Prosecutors have said they've interviewed 50 alleged witnesses and victims and obtained "dozens" of videos depicting Combs' alleged freak offs. They have also allegedly procured at least 130 phones, laptops, tablets, iCloud accounts and other devices during their investigation.
Combs' lawyers also make an appeal for him to be reunited with his loved ones, stating, "Sean Combs’s seven children and his mother love and support him and need his love and support. ... His minor child, now 2 years old, has not been able to see her father since he was incarcerated and misses him dearly."
Diddy loses another gag order request
On Friday, the judge overseeing Combs' federal criminal case delivered a blow to his defense by denying their request for a gag order that would prohibit potential witnesses and accusers from making public statements.
Though the defense sought an order that would prohibit "prospective witnesses and their attorneys from making extrajudicial statements" that they say "substantially interfere with his right to a fair trial," Judge Subramanian said the law does not support such a broad request for relief.
"The requested order here is incredibly broad, treats potential witnesses identically to their lawyers, and impacts a series of ongoing cases," he wrote.
Prosecution responds to gag order: Diddy's claim that agents leaked Cassie video is 'baseless'
Subramanian added: "Not all alleged victims will be participants in this case, and a blanket restriction on their speech will silence individuals who may never have anything to do with the proceedings here. And in any event, less restrictive alternatives must be considered and rejected before imposing a restraint on speech."
In a previous order, the judge declined to impose a gag order on government agents, whom Combs' team has accused of leaking information to the press. Instead, he wrote, both sides are expected to abide by existing laws prohibiting lawyers, investigators and government agents from revealing grand jury proceedings and releasing non-public information that might interfere with a fair trial.
If you or someone you know has experienced sexual violence, RAINN’s National Sexual Assault Hotline offers free, confidential, 24/7 support to survivors and their loved ones in English and Spanish at: 800.656.HOPE (4673) and Hotline.RAINN.org and en Espa?ol RAINN.org/es.
This article originally appeared on USA TODAY: Sean 'Diddy' Combs asks to be freed from jail until his trial