Attorneys for Sean “Diddy” Combs late Wednesday filed a motion asking that Combs’ conviction earlier this month be thrown out or, barring that, that he be given a new trial.
The 62-page motion, filed with the U.S. District Court for the Southern District of New York, argues in part that the Mann Act, the law under which Combs was convicted July 2 on two counts of transportation to engage in prostitution, was too broadly interpreted to apply to Combs because “there was insufficient evidence that Mr. Combs transported anyone with the intent to engage in ‘prostitution,’ even if it includes any sex for money.” The italicized “any” is included in the filing.
The motion further argues that the Mann Act doesn’t prohibit Combs’ conduct “because he lacked a commercial motive and did not intend for paid escorts to have sex with him,” with the italics again a part of the filing. The motion also states that “upholding the convictions would violate the First Amendment” because “paying people to film them in sexual performances” is “protected First Amendment activity.”
“At minimum, a new trial is required,” the filing argues, “due to spillover prejudice from evidence that would have been inadmissible had the Mann Act counts been tried alone.” That is, the evidence introduced attempting to prove the two counts of sex trafficking and one count of racketeering conspiracy, on which Combs was acquitted, was “inflammatory” and “was not admissible to prove the Mann Act counts.”
The jury in Combs’ trial acquitted the hip-hop mogul and businessman of two counts of sex trafficking and of the most serious charge, one count of racketeering conspiracy.
Evidence introduced during the six weeks of testimony included witness accounts of Combs hiring male escorts to have drug-fueled sexual encounters with at least two women – former girlfriend Cassie Ventura and another former Combs girlfriend who testified under the pseudonym “Jane” – while Combs watched and video-recorded the sessions. No evidence was presented to show Combs physically participated in those sessions, known as “freak-offs.”
Wednesday evening’s filing comes one day after Combs’ legal team also petitioned the court to release Combs on bail while he awaits sentencing on Oct. 3. The filing proposed that he post a $50 million bond and reside in his home in Miami while awaiting sentencing.
“There has literally never been a case, like this one, where a person and his girlfriend arranged for adult men to have consensual sexual relations with the adult, long-term girlfriend as part of a demonstrated swingers lifestyle, and has been prosecuted and incarcerated under the Mann Act,” the defense letter asking for bail said. “Sean Combs should not be in jail for this conduct.”
The same day Combs was convicted, presiding trial Judge Arun Subramanian declined to release Combs on bail prior to sentencing, citing a provision in the transportation to engage in prostitution law that the judge said presumes detention.
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