Thread by @innercitypress

OK- now US v. Sean Combs bail appeal. Yesterday Inner City Press asked US Attorney Damian Williams if seeks to detain; Yes. Coverage below, support:
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[In high-ceilinged Courtroom 110, Sean Combs is at defense table, still in black shirt (not MDC tan uniform). Two US Marshals seated behind him.
Waiting on Judge Andrew L. Carter...

All rise!
Government?
AUSA Emily Johnson: The freak-offs were elaborate. They began in 2009 and extended into this year. These freak-offs were arranged with his entourage. The defendant used narcotics so that the victims would continue: ketamine, GHB and others

AUSA: The defendant would record these freak-offs at least in part to use them to blackmail. We have an email, a victim says You were going to make me - I'm not going to say it on the public record - or you were going to leak some F.O. sh*t

AUSA: A different victim wrote, He said he was going to expose me with the sex tape, I was drugged.
That's just two example. And so it's rich when the defendant submission filed today accuses the victim of extorting. He's the only extorter

AUSA: We seized six guns, they were in the defendant's home and he had access to them. We are focused on the defaced guns in defendant's closet. This is not about security but dangerousness. The security team is the same one he says would monitor him

AUSA: The head of his security has now been served with a subpoena, given what we've learned about his role in the offense conduct. Now, about the hotel assault - yesterday defense counsel called it a fight in a relationship. But it's trafficking

AUSA: The defendant had a freak-off on March 5, 2016. We have evidence there was one commercial sex worker there in the room, during the assault. She isn't even wearing shoes. She is in danger. Defendant storms out in a towel

AUSA: We have a message from the Victim, I still have crazy bruising. He claims he wanted to get his clothes back. But that's not what happened her. She tried to escape a room with the defendant and a commercial sex worker - she fled without shoes

AUSA: Immediately after the assault, the defendant sent these messages: Call me, the cops are here. I got six kids. Yo, please call, I am surrounded. You gonna abandon me all alone.
The defendant knew he had done something that could elicit police response

AUSA: He covered up what he did. This year, after the surveillance video came out, only then did he admit that it was him. Yesterday it was claimed that his clothes were taken - but that's not what happened. Why drag the victim back down the hall to the room?

AUSA: The indisputable evidence makes clear you cannot take the defendant at his word. March 5, 2016 is far from the defendant's lone act of violence and obstruction. Freak-off activity is the core of this case. They use force, coercion and drugs

AUSA: Our investigation is ongoing. Half a dozen escorts is just the tip of the iceberg of the number of escorts who have participated in these freak-offs. This case is charged a sex trafficking by force, fraud and coercion. The acts were not consensual.

AUSA: Consider US v. Hadden, US v [Larry] Ray
[book:
US v. River, and US v. Maxwell [book: amazon.com/gp/product/B09…
amazon.com/gp/product/B09…

AUSA: The defense is arguing that anyone in a freak-off wanted to be there. That's not the law. When people are threatened with exposure, and are beaten, they cannot consent. That is trafficking. Victims' heads were slammed against car windows

AUSA: Here are some text: when you get f*cked up, you knock me around. I'm not a rag doll. I'm someone's child.
We have witnesses who witnessed the injuries. This conduct happened behind closed door, in houses, hotel rooms and cars. Judge Tarnofsky was concerned

AUSA: Judge Tarnofsky found that she did not believe defense counsel can control the defendant... Consider the Mercedes case in this Circuit, reversing a decision to release a defendant. Let's turn to obstruction. Witnesses have expressed extreme fear of him

AUSA: They have directly contacts a victim in November 2023. Constant contact with witnesses to the charged conduct, after subpoena, before government interviews. Two of these examples are, there are communications between the defendant and a witness, 13 contacts

Judge Carter: 13 contacts with two people?
AUSA Johnson: Sorry, 14 contacts between the defendant and the witness. Also, he outreached to a witness he had not been in contact with for several years, after the grand jury subpoena. He used intermediaries

AUSA: He recorded the conversation on another person's device... In November 2023 he twice called a victim. On Nov 19, he received a text from this other person in response. It reads, I feel like I'm reading my own sexual trauma. 3 pages, my experience

AUSA: The defendant called her and gaslit her, trying to convince her it has been consensual. He repeatedly said he was not supposed to be speaking on the phone, he tells the witness not to text him. The defendant said if support, nothing to worry about: money

AUSA: The defendant wrote, his financial adviser should not make a mistake and not get that rent paid - this was obstruction. We cite US v. Lafontaine, a defendant who fed a false narrative. That's what's going on here.

AUSA: I'll go over the cases -
Judge Carter: That's not necessary. I'm familiar with those cases.
AUSA: A recent civil suit. Last week Dawn Richard filed a civil suit. She was in a band, also with Ms. Harper. Ms. Harper issued a statement- after 128 phone contacts

AUSA: We didn't deal with Lawrence Ray's case - Magistrate Judge Fox ordered detention, even on one victim. But the judge found that corroborated by documentary evidence.
Judge: Anything else?
AUSA: A few more things.
Judge: How many?
AUSA: 3 minutes

AUSA: Traveling to New York does not address danger to the community. I am here seeking detention. But I note that the bail package does not have enough conditions that focus on obstruction. And it couldn't - he's been involving other people.

AUSA: The defendant should be detained pending trial.
Judge: Defense?
Combs' lawyer Marc Agnifilo: Let me start with Ms. Harper. I was called by her and a lawyer. I said, Do what you want, make a statement or not. I later found out that she did.

Combs' 2d lawyer Teny Geragos: Ms. Harper felt she was being besmirched. We did speak with her, at 2 am on the 11th.
Judge: After speaking, what would be the reason for Mr. Combs to continue contacting her?
Geragos: She was concerned she was in the media

Agnifilo: I have brought today the head of Sage Intelligence. We are proposing that Sage Intelligence personnel, all former law enforcement, will be monitoring the residence of Mr. Combs, 24/7. They will have one or two employees there at all times

Agnifilo: There will be a visitor log, only pre-approved could come in. We could give the list to the court. Mr. Combs will not have a cell phone or access to the internet. That way, no witness intimidation, completely nullified.

Agnifilo: Having Sage Intelligence on site, we'll do what we have to do, even three there. If don't believe that Mr. Combs' actions in coming to New York are only about risk of flight. It shows he is deeply respectful of the court's authority. He is responsible

Agnifilo: Mr. Combs knew he was under investigation, and gave us his passport. This is not defense lawyer theater. We took the passports of five of his family members. We have a letter of intend to sell his airplane. We had 3 buyers who didn't work out

Judge: Can you get to the point?
Agnifilo: It shows he's trustworthy. He's not a defendant who says, Come find me. In Maxwell and Epstein -
Judge: How does that relate to danger and obstruction? If he was aware in April, why was he contacting witnesses?

Agnfilo: A woman contacted him, said she'd gotten a subpoena. We told him, don't speak to her.
Judge: Talk to me about danger.
Agnifilo: People who are a danger are people who are contemptuous of the court. But Mr. Combs has never been contemptuous of the court.

Agnifilo: He had a case in New York in 1999, he came to court every time. He shows up on time.
Judge: Under your plan would he will have employees?
Agnifilo: They handle his finances. They are in California.
Judge: Would he be able to leave his residence?
A: No

Judge: And the security, they could be there in the house?
Agnifilo: Yes. In shifts. We could put cameras filming 24 hours a day. They could do spot checks he doesn't use the internet. We can make it as secure as we need to make it. There are already cameras there

Judge: That video is troubling. He was 40 something years old
Agnifilo: He realized he has a problem with drug addiction and anger. He went into a rehab program for a period of time. The woman in the video also went into rehab at around the same time

Agnifilo: They loved each other. The written messages are heartbreaking. The sex and the violence were totally separate, motivated by separate things. They way they chose to be intimate, they would bring a third person on. They chose that

Judge: What does that have to do with him punching her, throwing a vase at her - what's love got to do with that?
Agnifilo: That was jealousy from infidelity- in both directions, Mr. Combs & this other person. The violence is from that.
Judge: What is your point?

Judge: And you say, they invited a third person in - if that person is a commercial sex worker, and they travel across state lines, isn't that a problem?
Agifilo: I've spoken with the agency, they say they are not paid for sex, but if they feel like it.

Agnifilo: The former government of New York, he did this - and he was not prosecuted. They are prosecuting Mr. Combs for it.
Judge: Let's get back to that video and the physical beating. Why isn't that relevant to dangerousness?
Agnifilo: It's not sex trafficking

Agnifilo: Even if you don't trust him, trust the bond package - $50 million bond, no internet, Sage - that will give the court comfort that he is not a flight risk. Then he can prepare for his trial. We had known this was coming. He could have run in March

Agnfilo: He was an actual altar boy -
Judge: How far back are you going?
Agnifilo: He watches a sermon every day. He has done a great deal to earn the court's trust. I ask you to release him.

Judge: I've heard from the parties, I find that the government have proven the defendant is a danger. Regarding the bail package, it is insufficient even on risk of flight.
[Sean Combs will remain detained.]

Judge: So let's do the initial conference.
AUSA: The discovery will include photographs of physical evidence, from the March searches and from this week, including freak-off supplies. There are a large number of electronic devices.

AUSA: We have 35 full extractions ready to produce to the defense. We'd request a status conference in approximately 90 days.
Agnfilo: Given that he'll be in the SHU in the MDC, I can't for now consent to any exclusion under the Speedy Trial Act.

Judge: I can set a trial date if you want. If I can't try it I can find a colleague who can.
Agnifilo: Let me speak with the government...
[He whispers with four AUSAs. Meanwhile Geragos whispering to Sean Combs]
Agnifilo: How about a conference in 14-20 days?

Judge: What's you position on Speedy Trial?
Agnifilo: I'm not prepared to waive it.
Judge: First, the date. Oct 9 at 2 pm.
AUSA: We move to exclude time under the Speedy Trial Act.
Agnifilo: I can't consent. I'll know on October 9.
Judge: I exclude time to then

Judge: We received some calls today from people who say they have evidence for this case. We referred them to the US Attorney's Office. What about the Local Rule?
AUSA: We wanted to flag defense counsel's comments about the victim - we are not requesting action

Agnifilo: It would be better if he's put in Essex County [Correctional Facility] that in the MDC.
AUSA: The designation authority is entirely given to the BOP. I don't know there is anything the court can do to put its thumb on the scale.

Judge: Get me a joint letter on this by Monday, Sept 23. We are adjourned.
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