Sean 'Diddy' Combs should not be released on bail before sentencing because he poses a danger to the community, prosecutors say

Federal prosecutors said Friday Sean "Diddy" Combs, an admitted domestic abuser, should not be released from jail ahead of his October sentencing because he still poses a danger to the community.

A Manhattan jury cleared the hip-hop mogul in July of the most serious charges of racketeering conspiracy and sex trafficking, but convicted him on lesser charges of transportation for the purpose of prostitution, a violation of a 1910 law called the Mann Act.

Federal prosecutors put two male strippers on the witness stand who testified that they flew cross-country and internationally to perform in drug-fueled sex binges — called "freak-offs" or "hotel nights" — with Combs and his girlfriends. Combs would often record the men having sex with former pop star Casandra Ventura or another woman he dated, who testified at trial under the pseudonym Jane.

Federal prosecutors charged that the rap entrepreneur used violence and threats to keep the women performing the freak-offs even when they didn’t want to.

Prosecutors repeatedly played a 2016 video at trial showing Combs attack Ventura in the hallway of the InterContinental Hotel in Los Angeles after she walked out of a freak-off. The security camera recording shows Combs wearing just a towel and socks, yanking Ventura to the ground by her hoodie and then kicking her repeatedly. He’s seen dragging her by the hoodie back toward the hotel room. They also showed photos of Ventura’s bruises and a large gash above her left eye where she testified he slammed her head on the corner of a bedframe.

Jane also testified that he kicked, choked and punched her in June 2024 during a fight that she started by slamming his head on a countertop.

In opening arguments, defense attorney Teny Garegos said, "We take full responsibility that there was domestic violence in this case."

But defense lawyer Marc Agnifilo in his brief requesting Combs’ release, said this client was "provoked" and that there was no evidence of violence for the prior seven years.

Agnifilo had asked the judge to release his client on $50 million bail due to the "exceptional circumstance" surrounding his conviction and incarceration. The lawyer said that the law was intended to punish men who benefit financially from moving women across state lines for the purpose of prostitution. Combs, however, was a patron, or john, though he never had sex with the male prostitutes.

"Sean Combs should not be in jail," the lawyer wrote in his bail application. "In fact, he may be the only person currently in a United States jail for being any sort of john, certainly the only person in jail for hiring adult male escorts for him and his girlfriends, when he did not even have sex with the escort himself."

Prosecutors pointed out that the lawyer had already presented that argument at a hearing on the day of the conviction and the judge rejected it.

Defense attorneys have also asked the judge to acquit Combs of the prostitution-related charges or grant a retrial, claiming in court papers that "freak-offs" are protected under the First Amendment.

Defense lawyer Alexandra Shapiro argued in her 61-page brief filed Thursday that Combs choreographed nearly every aspect of the evenings, from the scented candles to music and room lighting.

"The freak-offs and hotel nights were performances that he or his girlfriends typically videotaped so they could watch them later," defense attorney Alexandra Shapiro wrote in court papers. "In other words, he was producing amateur pornography for later private viewing. This is protected First Amendment conduct that no substantial government interest justifies prohibiting, since the films depicted adults voluntarily engaging in consensual activity."

Shapiro argued that the Mann Act was intended to prosecute pimps, men who move female prostitutes across state or international lines to make money and the conviction should be voided.

"Sean Combs sits in jail based on evidence that he paid adult male escorts and entertainers who engaged in consensual sexual activities with his former girlfriends, which he videotaped and later watched with the girlfriends," Shapiro said. "That is not prostitution, and if it is, his conviction is unconstitutional."

Combs is expected to be sentenced Oct. 3.