Sean “Diddy” Combs is asking a federal judge to release him from jail ahead of his October sentencing date, arguing that prostitution customers, or “johns,” are essentially never incarcerated like he’s been.
Combs was acquitted earlier this month on the most serious criminal charges he faced over drug-fueled sex marathons called “freak-offs,” but was convicted on two lesser counts of interstate prostitution. When he’s sentenced in October, he’ll likely receive between two and five years in prison.
Judge Arun Subramanian ruled at the time that Combs must stay in jail until sentencing, citing his history of domestic violence. But in a new filing on Tuesday, his lawyers strongly urge the judge to reconsider – arguing that no other prostitution “john” would get such treatment.
“Sean Combs should not be in jail for this conduct,” writes Marc Agnfilo and Diddy’s other lawyers. “In fact, he may be the only person currently in a United States jail for being any sort of john.”
Diddy’s lawyers argue that harsh penalties, including pre-sentencing jail, is reserved for the people who run prostitution operations – and not for one person who merely hired prostitutes. They say the case against Diddy and his ongoing incarceration are genuinely unique in more than a century since the federal prostitution law was enacted.
“There has literally never been a case like this one, where a person and his girlfriend arranged for adult men to have consensual sexual relations with the adult long-term girlfriend,” Diddy’s lawyers write. “Mr. Combs is incarcerated while everyone else involved in this identical conduct – his girlfriends, the [prostitutes], the agency’s leaders, the porn stars and others – walk free, as they should.”
If released, Combs’ lawyers say he will submit to previously-offered restrictions, including a $50 million bond and travel restrictions. They say he’s not a flight risk and “will not be violent to anyone.”
“As we said in court, this jury gave him his life back, and he will not squander his second chance at life, nor would he do anything to further jeopardize his seven children not having a father, and four of his children not having a parent at all,” Agnifilo writes.
Combs’ much-awaited sentencing hearing is scheduled for Oct. 3 in New York.
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