Sean “Diddy” Combs’ legal team filed a motion seeking an acquittal or a retrial over the two prostitution-related charges the rapper was convicted of earlier this month.
According to court documents filed Wednesday and obtained by Page Six, the “Act Bad” emcee’s attorneys argue that their client did not violate the Mann Act — a federal law that makes it a crime to transport someone across state lines for illegal sexual activity.
“To our knowledge, Mr. Combs is the only person ever convicted of violating the statute for conduct [for] anything like this,” the motion states.
“It is undisputed that he had no commercial motive and that all involved were adults. The men chose to travel and engage in the activity voluntarily,” the motion continues.
“The verdict confirms the women were not vulnerable or exploited or trafficked or sexually assaulted during the Freak-Offs or hotel nights. And Mr. Combs never had sex with the supposed ‘prostitutes.’”
Combs’ legal team claims the disgraced hip-hop mogul “typically hired the services of male escorts or dancers advertised openly through lawful businesses” for his separate “Freak-Off” sessions with ex Casandra “Cassie” Ventura and Jane Doe.
“The men were paid for their time,” the motion reads, “and they enjoyed the activities and had friendships with Ms. Ventura and Jane and were not merely traveling to have sex for money.”
The Revolt co-founder’s lawyers argue that the partial conviction violates Combs’ First Amendment rights.
“The Freak-Offs and hotel nights were performances that he or his girlfriends typically videotaped so they could watch them later,” the documents state.
Combs’ attorney claims the hip-hop mogul was merely “producing amateur pornography for later private viewing” — conduct which is protected under the First Amendment —”since the films depicted adults voluntarily engaging in consensual activity.”
The legal team states in the docs that if an acquittal will not be granted, they would like a retrial “due to severe spillover prejudice from reams of inflammatory evidence,” including the 2016 hotel video surveillance of Combs violently attacking Ventura.
“This evidence, particularly the Intercontinental footage, was admissible only because of the RICO and sex-trafficking charges,” the filing reads.
“It would never have been admitted at a trial solely on the Mann Act counts, as it was irrelevant and unfairly prejudicial. Under the Second Circuit’s ‘retroactive misjoinder’ doctrine, a new trial limited to evidence admissible to prove the Mann Act charges is warranted.”
On July 2, Combs, 55, was acquitted of the more serious charges in his sex-trafficking trial.
However, he was found guilty of two counts of prostitution, each carrying a maximum of 10 years in prison.
The dad of seven is behind bars at the Metropolitan Detention Center in Brooklyn, NY, as he awaits his sentencing, which is scheduled for Oct. 3.
Page Six reported Wednesday that President Donald Trump is “seriously” considering issuing a pardon to Combs.
If you or someone you know is experiencing domestic violence, please call the National Domestic Violence Hotline at 1-800-799-7233 for confidential support.
If you or someone you know is affected by any of the issues raised in this story, call the Sexual Assault Hotline at 1-800-330-0226.
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