Sean “Diddy” Combs’s attorneys have filed an 84-page enchantment temporary, arguing that the music mogul’s conviction and sentencing on prostitution-related prices have been unjust.
Combs, 56, was discovered responsible on two counts of prostitution-related prices and sentenced to 50 months in jail following an eight-week trial in New York earlier this yr. Combs — who’s now serving out his sentence at a low-security New Jersey jail — was additionally acquitted of extra critical intercourse trafficking and racketeering conspiracy prices.
The court docket heard weeks of testimony from Combs’s ex-girlfriends and former associates detailing alleged abuse. Several witnesses additionally described Combs’s drug-fueled intercourse marathons, known as “freak-offs” or “hotel nights.”
Combs’s attorneys have maintained that the sexual encounters described within the case have been consensual.
Now, Combs’s attorneys are arguing the court docket was “unjust” and closely relied on “acquitted conduct” when he was sentenced. His authorized crew accused Judge Arun Subramanian of appearing as a “thirteenth juror” when he sentenced Combs to greater than 4 years in jail.
“He sits in prison today, serving a 50-month sentence, because the district judge acted as a thirteenth juror. The judge defied the jury’s verdict and found Combs ‘coerced,’ ‘exploited,’ and ‘forced’ his girlfriends to have sex and led a criminal conspiracy,” his attorneys wrote in an 84-page submitting.
Combs’s authorized crew additionally famous that he was convicted of “two lesser counts—prostitution offenses that didn’t require force, fraud, or coercion.”
“Defendants typically get sentenced to less than 15 months for these offenses—even when coercion, which the jury didn’t find here, is involved,” the submitting reads.
Subramanian cited the alleged abuse described by witnesses earlier than he sentenced Combs to greater than 4 years in jail.
“A history of good works can’t wash away the record in this case. You abused these women. You used that abuse to get your way, freak-offs and hotel nights,” Subramanian mentioned in the course of the October sentencing listening to.
“The evidence of the abuse is massive. The drugs may have exacerbated your erratic and violent behavior over the years. However, the court has to consider all of your history here,” he added.
In Tuesday’s submitting, Combs’s attorneys additionally argued that his conviction needs to be reversed as a result of he didn’t interact in prostitution.
“Properly construed, paying for a voyeuristic experience—which is what Combs was convicted of doing—is not engaging in ‘prostitution,’” his attorneys wrote of their enchantment.
They additionally argued that Combs’s “freak-offs and hotel nights” have been protected by the First Amendment.
“Second, freak-offs and hotel nights were highly choreographed sexual performances involving the use of costumes, role play, and staged lighting, which were filmed so Combs and his girlfriends could watch this amateur pornography later,” his attorneys wrote.
“Pornography production and viewing of this sort is protected by the First Amendment and thus cannot constitutionally be prosecuted,” they added.
This is a breaking information story. Check again for updates.
https://www.independent.co.uk/news/world/americas/crime/sean-diddy-combs-prostitution-conviction-appeal-b2889896.html