Sean ‘Diddy’ Combs will not be released from jail, judge in bail appeal rules

Accused sex trafficker Sean “Diddy” Combs will not be released on bail, a second judge ruled Wednesday afternoon. His legal team had appealed for his pre-trial freedom from “horrific” jail conditions after a judge Tuesday determined that music mogul should remain detained while awaiting trial.

Combs was arrested Monday night after a grand jury indicted him on three felony counts stemming from his alleged years-long sexual abuse of women, federal prosecutors said.

At Wednesday’s hearing, counsel for Combs asked the judge if they would consider a transfer to another facility in Essex County, New Jersey. The judge asked the defense to file an issue on the question of location by Sept. 23.

The judge set the case’s next status hearing for Oct. 9. The defense would not agree to try the case in November.

A loud sigh was heard in court Wednesday when Combs was again denied bail, but it was unclear from whom.

Combs’ family, including his three sons, were in the second row of the courtroom Wednesday. Upon entering the room before the trial, he waved to his family. He looked back at them when he was being taken away after the hearing concluded.

Combs hardly looked at prosecutors as they made their case. At times, he shook his head but largely remained stone-faced and looking forward.

Combs’ defense team argued that he fits the profile of a defendant who shouldn’t be remanded into pre-trial custody.

He came to New York City to surrender to government agents before his arrest, defense lawyers said. This attempt to “self-surrender” is “something the court should consider,” according to Combs’ attorneys.

His team argued that he shouldn’t be subjected to rough conditions at a federal lockup in New York City, citing murders and suicides that have occurred there in recent years.

Courts “have recognized that the conditions at Metropolitan Detention Center in Brooklyn are not fit for pre-trial detention,” defense lawyer Marc Agnifilo wrote in a letter to the court.

“Numerous courts in this district have raised concerns with the horrific conditions of detention here.”

The government argued that Combs is a threat to the community, based on alleged violent acts detailed in the indictment, and a flight risk because of his immense wealth.

“The defendant’s behavior illustrates” that the defense team “cannot control their client,” according to a government memo filed with the court Wednesday.

Prosecutors highlighted Judge Robyn Tarnofsky’s comments while denying bail on Tuesday, saying Combs’ history of drug abuse and access to weapons make him a danger.

Tarnofsky told Combs his “prior substance abuse and the fact that the alleged violence seems to occur hand in hand with times when you are not necessarily in control of your actions because of that substance abuse” warrant detention.

“Your lawyer asked me to trust you and to trust him, and I don’t know that I think you can trust yourself,” Tarnofsky said.

Combs “presents a danger — to victims and others, both through physical violence and through obstructive conduct — and a risk of flight” and he “must be detained,” prosectors added.

A grand jury indicted Combs on three felony counts: racketeering, sex trafficking and using transportation to engage in prostitution, court documents showed.

This article was originally published on TODAY.com