As the case against Sean “Diddy” Combs progresses, his legal team filed an appeal for bail on Tuesday morning.
The appeal requested that the judge approve a release from pretrial custody.
The filing states: “Sean Combs asks that this Court order him to be released on bail with appropriate conditions and release him immediately pending the disposition of this appellate appeal under Federal Rule of Appellate Procedure (a)(3).”
Combs’ attorney argued in the document that Combs would not be a danger to the community if he were released.
The attorney argued that Mr. Combs’ appearance and safety would be assured by the conditions proposed, despite the untested claims of the government.
Combs has recently hired Anthony Ricco and Alexandra Shapiro to represent him. Shapiro was a federal prosecutor for Manhattan and one of Justice Ruth Bader Ginsburg’s first Supreme Court clerks. She represents crypto-king Sam Bankman Fried. Ricco was president of the New York Criminal Bar Association.
According to court documents, Combs was not released “pending trial” despite his offer to adhere strictly to conditions that would have eliminated any risk of danger or flight.
Shapiro claimed in the appeal that the court had “rejected an obvious bail package and violated their obligations under the Bail Reform Act.”
“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 measures to show that he was determined to contest and face the charges rather than flee. He presented a package of bail that prevented him from posing any danger to anyone or contacting witnesses.” “Under the Bail Reform Act ‘liberty’ is the norm and detention before trial or without trial, is the carefully restricted exception’.”
Combs appeals after being denied bail two times before.
Combs was charged on Sept. 18 with racketeering, sex trafficking by force, fraud, coercion, and transportation for prostitution. He appeared before U.S. District Court Judge Andrew Carter to get a second chance. The rapper entered a plea of not guilty hours after the indictment detailing the alleged sex crime was unveiled.
Carter denied bail citing the possibility Combs could tamper witnesses. The judge acknowledged that the prosecution had proved “by clear, convincing evidence” that there was no condition or set conditions to ensure community safety.
The day before on September 17, Judge Robyn F. Tarnofsky initially denied Combs’s bail appeal. The judge ruled that she had “no conditions” to impose upon Combs. Tarnofsky said that sex trafficking occurs behind closed doors and it would be difficult to monitor the rapper, even with services for pre-trial monitoring. The judge looked at alternatives to detention but determined they were insufficient. Tarnofsky acknowledged that the evidence against Combs was significant.
Combs was arrested on Sept. 16 and charged with racketeering conspiracies; sex trafficking by force or fraud; and transportation for prostitution. If found guilty, he faces a minimum sentence of 15 years in prison and a maximum of life.
Combs’ next court appearance will be on Thursday, October 10.
