NEW YORK (AP) — A federal judge said Thursday he’ll rule “very shortly” on a final bid by defense lawyers to get him to toss out two prostitution-related convictions that Sean “Diddy” Combs is scheduled to be sentenced for next week.
Judge Arun Subramanian listened to nearly 90 minutes of arguments by lawyers over whether the charges were properly brought against the Grammy-winning hip-hop producer.
Combs, 55, is scheduled to be sentenced on Oct. 3 in Manhattan for his conviction on two counts alleging that he arranged interstate travel for people engaged in prostitution.
Defense attorney Alexandra Shapiro urged the judge to toss out two violations of the Mann Act that resulted in conviction, saying the “infamous law” had “racist and sexist origins” that are “well documented and beyond dispute.” The jury acquitted him of sex trafficking and racketeering conspiracy, charges that carried the potential penalty of life in prison.
“The whole history of the statute is really, I would submit, an embarrassment to the United States of America,” she said.
Prior to trial, the judge declined to throw out charges and he sounded skeptical at times as Shapiro pressed her arguments that Combs was improperly convicted.
Late Thursday, Subramanian seemed focused on the sentencing going forward when he explained in an order why he forced Combs to wear his prison uniform to the latest hearing.
He said defense lawyers had failed to explain why Combs would need civilian clothing in court when there was no jury present nor what legal precedent exists to allow that.
“The Court will entertain an application relating to the sentencing proceeding, but it needs to provide some explanation along these lines,” he wrote.
During the oral arguments Thursday, Assistant U.S. Attorney Christy Slavik said the prosecution against Combs illustrated the necessity of fighting prostitution because of the violence, drugs and sexual diseases that often accompany it.
Prosecutors said Combs paid for and arranged hundreds of drug-fueled sexual marathon performances between male sex workers and his girlfriends, two of whom testified about being beaten and kicked by Combs.
Shapiro argued that Combs cannot be held responsible for financing and helping to arrange the transportation domestically and internationally for elaborate sex performances that he frequently filmed over a 15-year period.
Slavik said the jury verdict should stand because the charges were properly brought and it was in the public interest to prevent prostitution, particularly when it involves the kind of violence and drugs that occurred when Combs was involved.
As he entered the courtroom, a smiling Combs waved to his supporters and touched his heart before taking his seat among several lawyers. He did not speak during the hearing except to greet the judge.
At the end of the hearing, Combs blew kisses to his family, which included his mother, three daughters and three sons.
“Thank you all for coming. I love you all so much,” he said. “Every hour, every day, is me getting closer to going home.”
He also told them: “I've got some big plans for us.”
In a presentence submission this week, defense lawyers said Combs' family has suffered since his arrest, including financially from the loss of business possibilities.
Subramanian has denied bail for the Bad Boy Records founder after he was convicted of the prostitution-related charges in July.
Combs will have been jailed for nearly 13 months when he is sentenced Oct. 3.
His lawyers argued in court papers submitted this week that he should be sentenced to no more than 14 months in prison. With credit for good behavior, that would mean he would be released immediately.
Prosecutors have said they believe he should spend at least several more years behind bars, although they won't submit their sentencing recommendations to the judge until next week.
The judge has signaled that he, too, is leaning toward a substantial amount of prison time, twice refusing to grant bail since the jury returned its verdict, citing Combs' history of violence.