Sean “Diddy” Combs has been denied bail for the third time, as he awaits trial on sex trafficking and racketeering charges.
The music mogul, 55, appeared in federal court in New York on Friday, where his lawyers attempted to secure his release on a $50m bond, and a move from a prison cell to a luxury apartment on the Upper East Side of Manhattan, saying that he would be placed under “significant” restrictions while he prepared for his trial – scheduled for May 5.
But in a ruling on Wednesday evening, Judge Arun Subramanian denied the application, agreeing with prosecutor arguments that Combs had shown a propensity for violence previously, and could not be “trusted” to obey rules if released.
“The Court finds that the government has shown by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of the community,” the filing stated, later noting that the Government had provided evidence supporting “a serious risk of witness tampering.”
At last week’s hearing, Assistant US Attorney Christine Slavik said that Combs’s efforts to reach out to witnesses from behind bars, often via family members, showed that he “cannot and will not follow rules” even when they were set by his lawyers.
“Simply put, the defendant cannot be trusted,” she said.
Slavik also accused the mogul’s lawyers of “enabling his flouting of rules” and claimed they showed an “inability to control their client.”
In his ruling Judge Subramanian noted that there was indeed evidence to support prosecutors’ claims that Combs had violated Bureau of Prisons (BOP) regulations during his pretrial detention, having paid other inmates to use their phone access codes to make calls to people not on his approved contact list.
“The Court makes no determination that the content of Combs’s communications through these channels was improper,” the ruling stated.
“However, his willingness to skirt BOP rules in a way that would make it more difficult for his communications to be monitored is strong evidence that the Court cannot be ‘reasonably assure[d]’ as to the sufficiency of any conditions of release, especially given that they occurred when Combs was seeking bail, and when he knew the government’s concerns about witness tampering and obstruction were front and center.”
Two judges have previously concluded that Combs is a danger to the community and a risk to flee.
Last week the mogul’s defense argued that if bailed, Combs would be living in “significantly more restrictive” conditions than he was currently in the Metropolitan Detention Center (MDC) in Brooklyn, where he is currently being held.
A “completely independent” security team would monitor Combs 24/7, his attorneys said, with contact allowed only with counsel and a select few family members.
Judge Subramanian also dismissed these claims, writing “Given the nature of the allegations in this case and the information provided by the government, the Court doubts the sufficiency of any conditions that place trust in Combs and individuals in his employ—like a private security detail—to follow those conditions.”
Combs, who founded Bad Boy Records, has pleaded not guilty to charges that he coerced and abused women for years with the aid of a network of associates and employees while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.
He was arrested in September on sex trafficking and racketeering charges with federal prosecutors alleging that he and his associates threatened, abused and coerced women and others around him “to fulfill his sexual desires” – which allegedly included forcing victims into engaging in recorded sexual activity which he referred to as “Freak Offs.”
Federal agents with US Homeland Security raided two of the rapper’s houses in Los Angeles and Miami on March 25 as part of an investigation into the allegations brought against him.
