Sean Combs Denied Bail in Racketeering, Sex Trafficking Case

In a stunning scene played out in a Manhattan federal courtroom Tuesday, the once powerful music mogul Sean “Diddy” Combs was ordered locked up indefinitely on his pending racketeering and sex trafficking indictment.

The once-billionaire founder of Bad Boy Entertainment was unceremoniously led away by U.S. Marshals as his three adult sons watched. Moments earlier, U.S. Magistrate Judge Robyn F. Tarnofsky denied Combs bail citing her “very significant concerns” with his alleged substance abuse, his “anger issues” and his alleged efforts behind closed doors to control the outcome of his prosecution.

Tarnofsky said she considered alternatives – including Combs’ request that he be held in home detention with electronic monitoring and a $50 million bond secured by his Miami real estate – but it came down to an issue of “trust.” “Your lawyer asked us to trust you – [I don’t think] you can trust yourself,” she said. At a later point, the judge said, “Your lawyer can’t control you.’

Combs, 54, was arrested Monday night and appeared in court Tuesday for his arraignment. He pleaded not guilty to the three-count indictment unsealed Tuesday morning.

Prosecutors laid out a lengthy argument for why Combs should remain in custody, claiming his wealth and the severity of the charges made him a significant flight risk, and his alleged history of violence and sexual abuse made him a danger to the community. They also expressed their concern that Combs would interfere with victims and witnesses if he was released.

They specifically brought up former Danity Kane and Diddy-Dirty Money member Dawn Richard, who sued Combs last week. In addition to alleging that Combs had repeatedly groped her and threatened her life, Richard detailed numerous instances where she claims she personally witnessed Combs physically attack Ventura. A few days later, Richard’s Diddy-Dirty Money bandmate Kalenna Harper — who is mentioned more than two dozen times in Richard’s complaint as a fellow witness to certain events — issued a statement that largely distanced herself from Richard’s experience and recollections of events.  

During Tuesday’s bail hearing, prosecutors allege that Combs had contacted Harper 128 times through phone and text — calling her 58 times over the course of four days. Prosecutors used the incident as evidence that Combs had ongoing contact with victims and witnesses to “spread false narratives, to get witnesses on his side,” and to “gaslight” people just days before his arrest. 

Additionally, prosecutors claimed that three days after Ventura’s lawsuit was filed, Combs made contact with unnamed victim, allegedly trying to “convince the victim that she willingly engaged in sex acts” with him and that if she continued her “friendship and support,” things would be okay. It was a clear reference to Combs’ financial support of the woman, prosecutors alleged.

In arguing for his client’s release, Combs’ lawyer Marc Agnifilo painted Combs’ relationship with ex-girlfriend Casandra “Cassie” Ventura as mutually toxic, alleging they were both in a “dark period” during their decade-long relationship. Ventura is not named in the indictment, but prosecutors made it clear her allegations form the heart of their case. In her lawsuit filed last November, Ventura alleged Combs trapped her a vicious cycle of abuse, violence, and sex trafficking.

Agnifilio argued that the allegedly drug-fueled, highly degrading and sometimes violent sex parties called “Freak Offs” that prosecutors say Combs orchestrated for her personal sexual gratification were voluntary.

“Is it sex trafficking? Not if everybody wants to be there,” Agnifilo told the court. “We are not better off if the federal government comes into our bedrooms. They don’t do good there. That’s what they’re doing. They’re coming into Mr. Combs’ bedroom.”

But while Agnifilo claimed Combs was cooperative and doing everything he could to earn the trust of the court, prosecutors claim that police found a powdery pink substance inside his hotel room shortly after his arrest — saying it was similar in appearance to the ecstasy-based drug taken from his Miami home in March — dismissing the notion that Combs was on his “best behavior.”

During a short recess before the judge made her decision, Combs sat alone as his lawyers exited the courtroom. He closed his eyes, put his hand on his chin and bounced his leg before glancing back towards the pews where his family was sitting to give them a slight wave.

In arguing for Combs’ detainment pending trial, Assistant U.S. Attorney Emily Johnson brought up the video of him assaulting Ventura in a hallway of the InterContinental Hotel in Los Angeles. Without naming Ventura, the prosecutor said the video was recorded after an alleged “Freak Off.” Johnson said Combs tried to bribe a hotel employee with a “handful of cash” to stay silent over the incident. She said Combs only admitted to the incident once the video leaked, arguing it was evidence he can’t be trusted.

Speaking to media after Combs was remanded into custody, Agnifilo said he planned to appeal the decision to hold his client without bail. “Mr. Combs is a fighter. He’s going to fight this until the end. He is innocent,” the lawyer said. “We’re going to fight this case with everything we have.”