Lawyers for Sean “Diddy” Combs on Tuesday won a third chance to argue that he should be released from jail pending his May 5 trial date on federal sex-trafficking charges.
US District Judge Arun Subramanian set 2 p.m. on November 22 for a bail hearing. Combs has remained in a federal lockup in Brooklyn since his September 16 arrest. Before the judge set this new date, he was not due back in court until December 18.
Subramanian will be the third federal judge to weigh if the rap mogul should be released pending trial on a three-count federal indictment charging him with racketeering conspiracy, sex trafficking, and transportation to engage in prostitution.
Federal prosecutors say that since at least 2009, Combs engaged in a pattern of physical and sexual violence against multiple victims, including at elaborately-staged, days-long sexual performances called freak-offs. They further allege he used force, threats, and coercion to keep his victims compliant and protect his reputation.
Combs’ lawyers have countered that these sexual performances were consensual and that video recordings and testimony by participants will bear that out. The defense has also said that Combs’ accusers have a financial stake to lie about him.
At separate bail hearings in September, Combs’ initial arraignment judge and a second judge agreed with federal prosecutors, who argued that the chance of his obstructing justice and the risk to the community are too high for him to remain free.
Subramanian took over the case on October 3 after the second judge, US District Judge Andrew L. Carter, Jr., could not accommodate the May trial date.
Combs is now arguing before Subramanian that he would agree to home confinement and around-the-clock GPS monitoring if allowed out of jail.
Home confinement would be “at his residence in Miami, or a suitable location in New York.” His offer to post a $50 million bond, collateralized by the Miami home, has not changed.
Prosecutors will have until Friday to file a response to this latest bail bid. Combs’ side gets to reply to that response by Wednesday, November 20, two days before the hearing.
Lawyers for Combs and a spokesperson for prosecutors did not immediately respond to a request for comment.
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