By Michael Koziol
New York: When the verdict was read out, Sean “Diddy” Combs clasped his hands together in a prayer motion, as if thanking God, looked to the jury and hugged his lawyer. Later, as the court was adjourned, he got down on his knees, rested his hands and face on his chair, and appeared to pray.
“I’ll be home soon,” the music mogul later told his family as he left the New York courtroom that has been his daytime home for the past eight weeks. “I love you,” he told his mother, Janice.
After a long and headline-grabbing trial, Combs, 55, was found guilty of two counts of a prostitution-related offence, but acquitted on the remaining three charges: sex trafficking and racketeering.
The latter, which carried a maximum sentence of life in prison, was the big prize eyed by prosecutors, who had alleged the hip-hop mogul used his vast business empire and staff to engage in a criminal conspiracy involving sex trafficking, drug distribution and attempts to cover up their behaviour.
But the jury of eight men and four women decided those allegations were not proven. Rather, they convicted Combs on the two lesser charges: that he transported ex-girlfriend Casandra Ventura, known as Cassie, and another woman, Jane, across state borders for the purpose of prostitution.
Those charges still carry a maximum jail sentence of 10 years. In a letter to the judge following the verdict, prosecutors said preliminary calculations suggested Combs should go to prison for about four to five years, though they may recommend longer. The defence said the guidelines would suggest a sentence of 21 to 27 months, but there was a case for a “below guidelines” sentence.
Sean “Diddy” Combs in 2017. The hip-hop executive has been acquitted of sex trafficking and racketeering charges, but convicted on a prostitution-related offence.Credit: Chris Pizzello/Invision/AP
While Combs was visibly disappointed not to walk out of prison that evening, for the rapper, his family and his legal team, the overall outcome was almost as good as could be expected.
Following the jury verdict, Combs’ family stood and applauded before he was led away by court marshals. In the packed overflow rooms of the Daniel Patrick Moynihan courthouse in downtown Manhattan, supporters cheered the jury’s “not guilty” verdicts, and remained loud and jubilant throughout the afternoon.
“I am very pleased with the decision,” said Jamie Caradine, 54, a regular court-watcher from Pennsylvania. “I wish it would have been not guilty all the way through.”
Caradine, who said she attended the trial three days a week, was especially happy Combs had beaten charges of breaching the Racketeer Influenced and Corrupt Organisations Act, or RICO, which she believes is being used improperly by prosecutors.
Supporters of Sean “Diddy” Combs, react outside Manhattan federal court after the verdict. Credit: AP
“The jurors stood up against RICO. I’m glad that they had the nerve and the ability and the braveness to do so,” she said.
The jury returned its decision mid-morning on Wednesday (Thursday AEST) on the third day of deliberations, after saying the day before they had decided four of the five charges but were deadlocked on the other. Judge Arun Subramanian encouraged the jury to keep deliberating with an open mind.
Combs has been in prison on remand and his request to be released from jail while he awaits sentencing was denied by the judge. Sentencing was tentatively scheduled for October 3, but it seemed likely to be expedited following a request from the defence.
Despite the defence pleading its case, Subramanian found there were no exceptional circumstances to allow bail. Even if there were, he said, Combs’ violence – admitted by the defence during the trial – meant it would be “impossible” to be satisfied he would not pose a danger to any person while out on bail.
Combs snapped a glance at his defence team the instant bail was refused. Later, he raised his hand indicating he wanted to speak, but after conferring with his lawyer Marc Agnifilo, he remained silent.
Janice Combs, centre, mother of Sean “Diddy” Combs, reacts outside Manhattan federal court after the verdict.Credit: AP
“I’ll see you when I get out,” Combs told his family when court was adjourned, according to The Associated Press. “We’re going to get through this.” He also looked toward his mother and said: “Mama. I love you. Stay strong.”
Meanwhile, throngs of Combs fans, court watchers and rubberneckers waited outside the courthouse in the New York summer heat, hoping the rapper and hip-hop titan would walk out a free man. Some chanted “Let Puff Go” and “Free Puff”, a reference to one of Combs’ other stage names, Puff Daddy.
They cheered when Combs’ mother and his children emerged from the courthouse and climbed into a waiting van. Janice wore the same sunglasses she had donned upon arrival, but this time, she gave the crowd a thumbs-up, while her grandchildren broke into broad smiles.
Douglas Wigdor, attorney for Cassie Ventura, arrives at court for the verdict.Credit: AP
A complex prosecution case set out to prove Combs was not just a violent and abusive man – which his lawyers largely conceded – but that he was running a sex-trafficking racket using his music business and its employees. The case hinged on evidence from Combs’ former partner Ventura – his girlfriend for 11 years – and a later ex-girlfriend identified as Jane.
Prosecutors had alleged Combs forced the women to participate in drug-fuelled sex parties he called “freak-offs”, which sometimes lasted for days and usually took place in hotels. If Combs didn’t get what he wanted, he would often turn violent, the jury heard. “He sometimes called himself the king, and he expected to be treated like one,” said prosecutor Emily Johnson in her opening address.
The defence argued no matter how much of a jerk or bad boyfriend the jury found Combs to be – and no matter how unusual or perverse they thought his sexual fantasies were – the women at the centre of the case participated voluntarily and could have left at any time.
He was not charged with being a bad person, the defence team said – nor was he charged with any form of assault – and his violence did not justify the charges brought against him.
Charlie Liucci holds up a shirt in support of Sean “Diddy” Combs outside Manhattan federal court after Sean “Diddy” Combs was convicted of prostitution-related offenses but acquitted of sex trafficking and racketeering charges.Credit: AP
Outside court following the decision, Ventura’s lawyer Douglas Wigdor said his client was in a “good place” and pleased that the jury convicted Combs on the two counts of transportation to engage in prostitution.
“She’s happy that in November 2023, she came forward and shined a light on this,” he said. “We’re pleased that he’s finally been held responsible for two federal crimes, something that he never faced in his life.
“Of course, we would have liked to have seen a conviction on the sex crimes and RICO [Racketeer Influenced and Corrupt Organisations Act], but we understand that beyond a reasonable doubt is a high standard. We’re just pleased that he still faces substantial jail time.”
Other celebrities also weighed in on the verdict. Rapper and actor 50 Cent posted on Instagram: “Diddy beat the Rico, that boy a bad man!” He also posted three “applause” emojis.
Also on Instagram, former US talk show host Rosie O’Donnell wrote: “I guess a jury just never wants to believe that a woman stays because of power and coercion.”
When court resumed a little after 5pm local time, judge Subramanian quickly made clear he was not going to grant Combs bail.
Detention was mandatory in this case, he said, unless there were unique or extraordinary circumstances. Not only had the defence team not made these out, but even if they had, they would have to show Combs would not pose a danger to any other person while out on bail.
This was “impossible”, the judge said, because of Combs’ propensity for violence demonstrated in the evidence presented at trial – which was conceded by his defence team.
Agnifilo initially assessed Subramanian was unmovable on this point. “I’m not seeing a glimmer of light,” he said. But having prepared the argument, he went on to make the case.
Combs was not a flight risk, Agnifilo said. He had surrendered his passport and travelled to New York to hand himself in to police when his arrest was imminent. They even “took his plane away from him”, Agnifilo said.
Not only that, he had been a “model prisoner” and did everything the system had asked of him.
“I just think we should trust him,” Agnifilo argued. “He’s not going to flee. He’s just been given his life back.”
In a swift reply, prosecutor Maurene Comey said there was no case for bail.
“The only things exceptional about this defendant are his wealth, his violence and his brazenness. He’s an extremely violent man,” she said. “There is absolutely no basis to release the defendant until his sentence.”
The judge sided with the government. Outside court, Agnifilo said the overall outcome was vindication for the defendant. “Today is a win. Today is a victory of all victories for Sean Combs and our legal team,” he said.
With AP
Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800 RESPECT (1800 737 732). https://www.1800respect.org.au/
Must-see movies, interviews and all the latest from the world of film delivered to your inbox. Sign up for our Screening Room newsletter.