Legal experts analyse Sean ‘Diddy’ Combs trial, possible jail sentence
Rapper Sean “Diddy” Combs faces 20 years behind bars after being convicted of two prostitution offences. But legal experts believe his actual sentence will be much different.
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Sean “Diddy” Combs is likely to receive a sentence that is months long, not years long, one expert said.
Combs has been found not guilty of the most serious charges he faced – racketeering and sex trafficking offences – but he could still serve prison time.
Combs has only been found guilty of two prostitution charges.
However, he could still face a maximum of 20 years behind bars.
Each prostitution count he was convicted of has a maximum sentence of 10 years and could theoretically be added together for a 20-year sentence.
There is no minimum sentence for those charges of transportation to engage in prostitution.
Former federal prosecutor Mitchell Epner said that under federal sentencing guidelines, the rapper is likely to get a much lighter sentence.
“The convictions for interstate transportation for purposes of prostitution likely will lead to a sentence that will be measured in months, not years,” Mr Epner said.
“The starting point under the US Sentencing Guidelines will be a sentencing range of 15 to 21 months.”
That sentencing range will be argued by lawyers on both sides and so could end up being a different figure than that starting point.
Combs, however, has already been in jail for nearly 10 months since his September 16 arrest – meaning he may have already served most of his time when he’s sentenced, possibly a few months from now.
Judge Arun Subramanian may also grant Combs’ request to be released on bail, Mr Epner said.
“I think that the court may grant it, given that Sean Combs has been held in MDC – one of the worst prisons in America – and likely would serve any additional sentence at a low-security prison or possibly even a barracks-style camp,” the lawyer said.
Neama Rahmani, a former federal prosecutor and legal commentator, agreed that Combs isn’t likely to do much time.
“He is likely going to get little to no time,” he told People magazine.
“He may even get time served and prostitution has a 10 year maximum. But the fact that he was acquitted of the most serious counts, the government would not have brought this case had they thought they could only get prostitution,” Mr Rahmani said.
“(This was) a huge overwhelming win by the defence and a tremendous loss for the prosecution,” Mr Rahmani said.
“There is no other way to spin it. This is the most expensive prostitution trial in American history.”
Other experts have picked apart how the case was prosecuted.
The endless evidence about baby oil used for “freak-offs” – was based on “sensationalism” rather than “a solid legal basis,” one expert said.
The case “fell apart” because of that, Nicole Brenecki said in a statement to The Post.
She said that in order to prove the racketeering charge, the feds needed to prove “co-ordinated activity by multiple actors, not just deviant parties and disgruntled ex-girlfriends.”
Ms Brenecki said Combs’ ex-girlfriends “can be deemed to have willingly taken part in ‘freak-offs,’” and “Voluntary participation, no matter how controversial, doesn’t equal organised crime.”
The lack of a paper trial, a lack of witnesses from the “enterprise,” and a lack of clear hierarchy meant “smoke, but no fire, and a not-guilty verdict follows,” the lawyer said.
Federal prosecutors lacked the evidence to prove the racketeering “mobster-like charges” criminal defence lawyer David Seltzer said in a statement to The Post.
“The government’s case was weak from the start,” Mr Seltzer said.
“They tried to put a square peg in a round hole, using mobster-like charges, when all they had were glorified state court charges.”
Combs was accused one count of racketeering for allegedly running a 20-year criminal enterprise in which he enlisted his employees and the members of his inner circle to commit a slew of crimes like sex-trafficking, arson, kidnapping, witness tampering, bribery and other offences.
The lawyer said the feds proved that the Bad Boy Records founder “abused women, like to have sex (or watch), and enjoyed sex toys.”
Meanwhile, Combs’ defence “clearly demonstrated that Mr Combs was not running a criminal enterprise, the acts were consensual, and did so simply based on the government’s lack of evidence,” Mr Seltzer said.
“Given the millions of dollars and the hundreds of hours spent on this debacle, this is a win for team Combs,” he added.
“He now faces one-to-three years based on the federal guidelines, and given that, Mr Combs could realistically be home for Christmas.”
The defence team “owned” the bad facts in the case and it “paid off” for the hip-hop mogul, another lawyer said.
New York Law School Professor Anna Cominsky said: “This trial was a major gamble and Combs won that bet.”
“Everything is stacked against the defendant going into a federal case, in particular one like this,” she said.
“His attorneys were smart and they owned the bad facts. They fought on the things that mattered and it paid off.”
Lawyers for Combs admitted from the start of trial that their client had beaten up his girlfriends and said the case was about domestic violence, not about sex-trafficking.
The defence also copped to the I’ll Be Missing You rapper’s kinky sex life, including that he lived a “swingers” lifestyle and was into making home pornos.
This story originally appeared in The New York Post.
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