Lawyers for Sean "Diddy" Combs urged a federal judge Thursday to overturn his conviction or grant a new trial, arguing that the conduct at the heart of the case constituted voyeurism and amateur filmmaking, not transportation for prostitution.
Combs, the music entrepreneur convicted earlier this year on two counts of transportation for prostitution, faces sentencing Oct. 3 and could face up to 20 years in prison. At the hearing, CNN's live coverage captured defense attorney Marc Agnifilo telling U.S. District Court that prosecutors mischaracterized his client's actions, saying Combs paid to watch sexual encounters rather than to engage in sex himself.
Agnifilo said, according to court transcripts that the government has not proven that Combs purchased sex acts for his own sexual gratification. He said numerous encounters were filmed with the consent of participants and that the recordings served as amateur adult media rather than evidence of prostitution.
Prosecutors strongly disputed that characterization, telling the court that Combs obtained sexual gratification from the encounters and that not all interactions were recorded. Assistant U.S. Attorney Kevin O'Malley said in court that the videos and witness testimony collectively show Combs participated in and facilitated sexual activity for his own benefit.
Combs' legal team is seeking either a full acquittal or a new trial. The government opposed both requests, and the judge did not rule immediately, setting further briefing on several legal issues raised by the defense.
Former federal prosecutor Neama Rahmani, who was not involved in the case, told reporters he believes the motions face an uphill battle. "I don't think that those motions have any chance of success," Rahmani said, noting that appellate options could follow regardless of the judge's decision at sentencing.
According to HotNewHipHop news, as the Oct. 3 sentencing date nears, several members of Combs' family and friends submitted letters to the court asking for leniency. Character letters filed this week include statements from his children — King, Justin, D'Lila and Jessie Combs — and his mother, Janice Combs. Rappers and associates also provided letters describing his charitable work and mentorship.
In a notable filing, Breakfast Club Power 105.1 FM reported that rapper Yung Miami, a former partner of Combs, urged the court to consider his role as a father and community figure. "In my personal experience, Sean is not a danger or a threat to the community," she wrote. "He is a man of God, someone who uplifts, supports, and inspires those around him."
Combs was convicted after a federal jury found he had transported individuals for prostitution in incidents prosecutors say occurred in private residences and hotel rooms over several years. The case also included allegations that Combs arranged for women to be brought to his residences and paid for their travel and lodging.
As per The New York Times, defense attorneys have signaled plans to continue appeals if the judge denies their post-trial motions. The government has argued that the convictions rest on solid evidence, including witness testimony and recorded material, and urged the court to impose a sentence reflecting the seriousness of the offenses.
A sentencing hearing is scheduled for Oct. 3 in federal court in New York.
Originally published on Enstarz
