Follow all of our Sean Combs trial coverage
Sean Combs claims in a new court filing that his recent conviction on federal charges of transportation to engage in prostitution was “unprecedented,” so the court should vacate the jury’s verdict and fully acquit him – or grant him a new trial “focused solely” on those two counts.
“To our knowledge, Mr. Combs is the only person ever convicted of violating the statute for conduct anything like this,” the new 62-page motion filed overnight in federal court in Manhattan reads. “Sean Combs sits in jail based on evidence that he paid adult male escorts and entertainers who engaged in consensual sexual activities with his former girlfriends, which he videotaped and later watched with the girlfriends. That is not prostitution, and if it is, his conviction is unconstitutional.”
Combs and his lawyers claim his case is an outlier under the Mann Act – the federal statute that bars interstate commerce related to prostitution – because Combs “made no money” off the activity, no minors were involved, and the sex workers “chose to travel and engage in the activity voluntarily.” They argue Combs’ acquittal earlier this month on his most serious charges of racketeering conspiracy and sex trafficking proves he did not coerce R&B singer Casandra “Cassie” Ventura or a more recent ex-girlfriend who testified under the pseudonym “Jane” into the so-called hotel freak-offs where he choreographed the sex acts between the women and the male escorts while he masturbated and recorded.
“It is undisputed that he had no commercial motive and that all involved were adults,” the new filing states. “The proof at trial showed that [Combs] typically hired the services of male escorts or dancers advertised openly through lawful businesses, that the men were paid for their time, and that they enjoyed the activities and had friendships with Ms. Ventura and Jane and were not merely traveling to have sex for money.”
Combs and his lawyers call the videos he recorded “amateur pornography” and say “paying people to film them in sexual performances is protected by the First Amendment.” The filing, signed by Combs’ appellate lawyer, Alexandra Shapiro, says that the very least, Combs is entitled to a new trial, on the Mann Act charges only, that doesn’t include the “severe spillover prejudice” from the “reams of inflammatory evidence” that jurors heard related to the failed racketeering and sex trafficking charges.
Federal prosecutors are expected to respond to the new motion in writing before U.S. District Judge Arun Subramanian considered the matter and makes a ruling. The lead prosecutor who tried Combs’ case, Maureen Comey, was fired by President Donald Trump’s Justice Department two weeks ago. She handled the New York-based criminal cases against Jeffrey Epstein and Ghislaine Maxwell, which have returned to dominate news headlines this month amid a MAGA revolt over the Trump administration’s handling of the Epstein investigation.
Love Music?
Get your daily dose of everything happening in Australian/New Zealand music and globally.
In her closing argument at Combs’ trial, Comey told jurors that it didn’t “even pass the laugh test” to suggest Combs only paid the escorts for their time, not commercial sex. She said it was “common sense” Combs was paying for sex and not “scintillating conversation.” She cited a text Combs sent to a manager at the escort service Cowboys4Angels in which he complained about having to pay full price for an escort. “He couldn’t even perform. He’s lucky he got anything,” Combs wrote.
“And here’s another way you know that the defendant knew that he was engaging in prostitution. He told Cassie to be careful to make sure none of the escorts were undercover cops. Remember that? She testified about it, and you saw some texts about it, too. That also tells you what was in his mind. He knows he’s hiring people for prostitution. That’s why he even texted one of the escorts asking, hey, are you a cop? The only reason to worry about undercover cops is if you know what you’re doing is against the law,” Comey said in her final words to jurors on June 30.
In a separate motion filed Tuesday, Combs and his lawyers asked Judge Subramanian to release the Bad Boy Records founder on a $50 million bond pending his sentencing now set for Oct. 3. Prosecutors are expected to respond to that request today.
From Rolling Stone US
