Judge weighing whether to overturn Sean 'Diddy' Combs' prostitution-related convictions
Sean Combs deserves to have his conviction overturned because the federal law that prohibits transportation for the purposes of prostitution should "only be applied to pimping" and Combs "was only an alleged consumer," a defense attorney argued Thursday as the rap mogul returned to federal court in New York City for the first time since the verdict in his high-profile trial.
"Prostitution does not include commercial voyeurism," the lawyer, Alexandra Shapiro, said, insisting the law requires Combs to have had a financial motive for transporting male escorts, which she argued the trial did not establish.
Combs, in a tan smock over a gray T-shirt, appeared in a Manhattan federal courtroom following his acquittal in July on the most serious charges against him: sex trafficking and racketeering conspiracy. He is aiming to overturn his conviction on the lesser prostitution-related charges ahead of his expected sentencing next week.
Judge Arun Subramanian did not immediately rule on the motion to acquit Combs or grant a retrial, but indicated the parties would have his decision soon.
Combs was found guilty of transporting Cassie Ventura, and a woman who testified under the pseudonym "Jane" across state lines and internationally for prolonged sexual performances known as "freak-offs" with male escorts.
Federal prosecutors told Subramanian the conviction deserved to be upheld in part because, even as a voyeur, Combs was violent.
"Ms. Ventura was getting punched in the face," prosecutor Christy Slavik said. "Regulating prostitution is important because it can include discouraging violence against women."
The defense also argued the conviction should be tossed because Combs filmed many of the "freak-offs."
"He was a consumer of amateur porn," Shapiro said. "Adults have a right to consume pornography."
The argument left prosecutors exasperated.
"It is just not the case the defendant is an amateur porn producer," Slavik said. "The record does not support an inference of making pornography."
Members of the Combs family, including his mother and children, were seated in the gallery during Thursday's hearing.
"I appreciate y'all. I love y'all so much," Combs told them after the hearing ended.
He also expressed his hopes for a quick release from jail.
"Every day, every hour I'm closer to coming home," Combs said after being given permission to speak to his family. "Don’t worry about nothing. No matter what it is. I'm going to deal with whatever it is."
Defense attorneys had argued ahead of Thursday's hearing that the prostitution-related charges should not apply to him because his intent was voyeurism, not profit, and because the male escorts traveled voluntarily to participate in the "freak-offs."
"To our knowledge, Mr. Combs is the only person ever convicted of violating the statute for conduct anything like this," defense attorneys said in a written filing ahead of oral argument. "The proof at trial showed that he 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."
The defense also argued Combs’ conduct was not criminal but protected by the First Amendment.
"The freak-offs and hotel nights were performances that he or his girlfriends typically videotaped so they could watch them later. In other words, he was producing amateur pornography for later private viewing," the defense said.
Federal prosecutors balked, writing in advance of the hearing that Combs' conduct "is clearly not entitled to First Amendment protection."
Prosecutors also argued there "was more than a sufficient basis" to support the conviction.
"The defendant masterminded every aspect of Freak Offs. He transported escorts across state lines to engage in Freak Offs for pay. He directed the sexual activity of escorts and victims throughout Freak Offs for his own sexual gratification. And he personally engaged in sexual activity during Freak Offs," prosecutors said.
Combs' sentencing hearing is expected to be held on Oct. 3, according to the court.
Also this week, Combs' attorneys argued for a prison sentence of no more than 14 months -- a sentence that would effectively amount to time served.
