Sean 'Diddy' Combs will challenge his bail rejection on Wednesday in relation to his charges of racketeering conspiracy and sex trafficking.
Until his trial in front of Judge Andrew Carter at 3:30 p.m. ET, Combs will remain isolated at the Special Housing Unit in the Metropolitan Detention Center in Brooklyn. This is according to an insider in law enforcement. Judge Carter is anticipated to oversee Combs' case until its conclusion.
On Monday night, Combs was apprehended at the Park Hyatt Hotel in Manhattan by Homeland Security Investigations, following a series of sexual assault allegations and a federal human trafficking investigation over the past year. This was confirmed by a person close to the negotiations for Combs' surrender to CNN.
In a New York court on Tuesday, Judge Robyn Tarnofsky ruled that Combs would continue to be held in custody while he confronts charges. If found guilty, he faces a potential sentence of life in prison.
According to the federal indictment, Combs, age 54, is accused of establishing and managing a "criminal enterprise" through his business empire, which engaged in various illegal activities such as sex trafficking, forced labor, kidnapping, arson, bribery, and obstruction of justice.
The indictment alleges that Combs abused, threatened, and coerced women and others around him to fulfill his sexual desires, protect his reputation, and conceal his actions for over a decade.
Specifically, the indictment accuses Combs of collaborating with his associates and employees, hosting drug-fueled "freak offs" with victims and sex workers, committing instances of physical and sexual abuse, and engaging in other illicit activities.
In court, prosecutors argued that Combs should not be released due to his past attempts to contact witnesses and victims. On the other hand, Combs' defense team proposed placing him under house arrest with a $50 million bond secured by his Miami residence, as per a bail motion submitted on Tuesday.
However, the judge stated that she could not find any conditions that would ensure Combs' appearance in court if released. Her concern was that the crime occurs behind closed doors, even when pretrial services are monitoring.
If the bail appeal is denied, Combs will be returned to the detention center. Combs' lawyer Marc Agnifilo informed CNN's Kaitlan Collins on Tuesday night that Combs is unlikely to accept a plea deal.
“I believe he's innocent of the charges, and he's going to take the case to trial, and I believe he'll win,” Agnifilo said.
Combs is described as a 'serial abuser and obstructor' by prosecutors
In court on Tuesday, Assistant US Attorney Emily Johnson argued that Combs should be detained since he is a "serial abuser and obstructor," also citing pretrial services' recommendation for detention.
Agnifilo contended that the case revolves around "one victim," a claim strongly opposed by federal prosecutors. In response, Johnson highlighted, "This is not a case about one victim. There are multiple victims."
Since November 2021, Combs has faced 10 lawsuits – nine of which directly accuse him of sexual assault.
As stated in the indictment, "Members and associates of the Combs Enterprise engaged in, and attempted to engage in, among other activities, sex trafficking, forced labor, interstate transportation for purposes of prostitution, coercion and enticement to engage in prostitution, narcotics offenses, kidnapping, arson, bribery, and obstruction of justice."
During Combs' detention hearing, federal prosecutors stated that at least a dozen individuals personally witnessed Combs' violence against women or the injuries they sustained. Additionally, prosecutors mentioned that some of the victims and witnesses are afraid of him.
Agnifilo claimed on Tuesday night that he has traveled across the country, interviewing a "large number" of men who are claimed to be witnesses in the case. He argued that the "freak offs" – what the indictment referred to as "elaborate and produced" sex performances in which he allegedly drugged and coerced victims into extended sex acts with male sex workers – were consensual acts between adults.
“Nobody was too drunk. Nobody was too high,” he said.
Sex trafficking charge hinges on a 2016 video
The indictment alleges years of abuse by Combs "that was, at times, verbal, emotional, physical, and sexual." Combs "engaged in a persistent and pervasive pattern of abuse toward women and other individuals," according to the indictment.
Johnson explained to the judge on Tuesday that the investigation revealed evidence of Combs allegedly assaulting victims by choking, hitting, kicking, and dragging them. The physical abuse was said to be "recurrent and widely known," occurring on "numerous" occasions from around 2009 and continuing for years.
The sex trafficking charge is based on allegations against a single, unnamed "Victim-I" from around 2009 up to about 2018, the indictment states.
The indictment refers to a March 2016 incident, “which was captured on video and later publicly reported,” showing Combs kicking, dragging, and throwing a vase at a woman. When a hotel staffer intervened, Combs attempted to bribe them for their silence, the indictment adds.
The details correspond with CNN's reporting in May of the video that showed Combs assaulting his then-girlfriend Casandra Ventura at a Los Angeles hotel. She is not mentioned in the indictment.
In November 2023, Ventura sued Combs and accused him of rape and years of abuse. In response, an attorney for Combs stated, "He vehemently denies these offensive and outrageous allegations." They settled the lawsuit the following day it was filed.
Attorney Douglas Wigdor, who represents Ventura, declared in a statement on Tuesday, "Regarding the indictment of Sean Combs, neither Ms. Ventura nor I have any comment."
The explosive surveillance footage went against Combs' previous claims of innocence, prompting him to release an Instagram apology a few days later, which has since been taken down. In the video, Combs acknowledged, "My actions in that video were indefensible, and I accept full responsibility."
Combs' lawyer argued that the 2016 video was not proof of sex trafficking as the prosecutors suggested, but rather showed Combs in a situation of having multiple romantic partners and being caught.
Speaking to CNN, Agnifilo explained, "This was simply a matter of personal embarrassment. He and the person in the video were in a 10-year relationship that was challenging at times, even toxic, but it was mutual."
Agnifilo assures court that Diddy will not abscond and has proved his reliability
Addressing the court on Tuesday, Agnifilo argued for Combs to remain on bond until the trial, asserting that he had no intentions of fleeing and "had proven himself worthy of the court's trust."
He presented the court with his and Combs' family members' passports and detailed their domestic travel since the investigation began. Additionally, Combs was undergoing treatment and therapy, which Agnifilo argued showed his commitment to change.
Agnifilo acknowledged that Combs would officially face charges on March 25, following the high-profile searches of his homes in Los Angeles and Miami by Homeland Security Investigations. The searches resulted in the seizure of guns, ammunition, drugs, and a vast collection of baby oil and lubricant, as outlined in the indictment. The indictment also accused Combs of using firearms to intimidate and threaten others.
By September, Agnifilo anticipated that an indictment was imminent, hence he encouraged Combs to travel to New York. Agnifilo claimed he communicated with federal prosecutors, informing them of Combs' willingness to surrender.
When questioned about how the defense team would guarantee Combs' absence from court and communication with witnesses, as argued by prosecutors, Agnifilo replied, "The most vital factor, beyond the passport, is that Mr. Combs arrived in New York on September 5."
Agnifilo vowed to reiterate the same points the following day and continue pressing for Combs' release from bail.
CNN's Emma Tucker, Eric Levenson, John Miller, Laura Dolan, Elise Hammond, and Kara Scannell contributed to this report.
In light of these allegations, Combs' legal team may seek to present a defense focusing on his involvement in the entertainment industry, emphasizing his reputation and record of success to prove his reliability and commitment to appearing in court.
Furthermore, considering Combs' high profile in the entertainment world, his legal team could potentially argue that the entertainment industry offers ample opportunities for him to engage in legitimate activities and maintain his reputation, reducing the need for any illicit activities.
