Diddy’s legal team has filed an appeal for his release from jail ahead of his trial. Lead attorney Alexander A.E. Shapiro submitted the appeal to the U.S. Court of Appeals for the Second Circuit on Tuesday, October 8, 2024.
According to the filing, Sean Combs, widely known as Diddy, was not released pending trial despite offering to comply with restrictive conditions that would eliminate any risk of flight or danger. Shapiro argued that the court “rejected a plainly sufficient bail package” and “violated its obligations under the Bail Reform Act.”
“Mr. Combs is presumed innocent. He voluntarily surrendered in New York because he was aware of the impending indictment,” the filing reads. “He took extraordinary measures to demonstrate his intent to face and contest the charges. He proposed a bail package that would eliminate any potential danger or risk of witness tampering. Under the Bail Reform Act, ‘liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.'”
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Diddy was arrested at a Manhattan hotel on Sunday, September 16, at 8:25 p.m. and charged with racketeering, sex trafficking, and transportation for the purpose of engaging in prostitution. He is currently being held at the Metropolitan Detention Center in Brooklyn.
The latest appeal challenges the Southern District of New York’s decision to deny bail, citing accusations of alleged witness tampering and obstruction of justice. Despite these allegations, his legal team is pushing for his immediate release under appropriate bail conditions.
This appeal follows an initial bail denial by a federal judge on September 17, which his legal team swiftly contested the next day. On September 18, Judge L. Carter of the Southern District of New York denied bail again, stating, “There is no condition or combination of conditions that would prevent him from obstructing justice or tampering with witnesses.”
Shapiro’s recent appeal, filed a week after he submitted a notice of intent to appeal on September 30, comes two weeks after Combs’ arrest.
Combs, 54, who has pleaded not guilty, faces accusations of coercing women into elaborate sexual performances known as “freak offs,” using his fame, influence, and drugs such as cocaine, oxycodone, and ketamine to intimidate them. Authorities allege that he recorded these acts without the participants’ consent. During raids on his Los Angeles and Miami homes in March, authorities seized drugs, as well as over 1,000 bottles of lubricant and baby oil.
Following Combs’ arrest, his attorney Marc Agnifilo vowed to “fight like hell” for his release ahead of trial. Agnifilo emphasized that Combs came to New York voluntarily to engage with the legal process, arguing that this demonstrated his intent to cooperate.
“He is an imperfect person, but he is not a criminal,” Agnifilo said in defense of his client.
Combs is scheduled to make his next court appearance on Thursday, October 10.
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