4:59 pm
In the courtroom, Combs' lawyers Brian Steel and Jason Driscoll are patting each other on the back. Agnifilo is in the holding cell with Combs; his family is i the second row of the gallery.
5:04 pm
Combs' lawyers Agnifilo, Alexandra Shapiro and Teny Geragos emerge from the holding cell. Still waiting for Sean Combs to be brought into the courtroom by US Marshals
5:09 pm
Sean Combs has been brought it, sits next to Teny Geragos, reading. Agnifilo walks over to the lectern, then back over to his seat. Prosecutors are in place at the front table. Waiting on Judge Subramanian
Judge: I've read the parties submissions and others. The jury convicted the defendant of Counts 3 and 5. For the following reasons, bail is denied.
Judge: Even if the defendant was solely required to show that he is not a danger to the community, he could not meet that burden. Prior to trial, the court denied bail, and sees no reason to reverse that now. The defense conceded the defendant's violence
Judge: His violence is depicted in the video of Cassie Ventura. The defense admitted, This is a terrible moment, domestic violence is the issues, is what she said. It wasn't only that. There was the London Hotel incident.
Judge: There was violence after the searches in this case. As to Jane, there was June 2024 - after the searches of Combs' residences. This evidences a disregard for the law and a propensity for violence
Judge: The Court take no position on what it will consider at sentencing, nor what sentence it will impose. But here, the burden is on him, and he cannot carry it. The defense argues the guideline starts at 21 months, the US says 51 months. He'd done 10 months
Judge: I set sentencing for Friday, October 3 at 10 am. I am willing to expedite it.
Combs' Agnfilo: We would like it expedited.
Judge; We will need an expedited pre-sentencing report from Probation. But I will be available any time.
Judge: There is a great divide on the sentencing guideline. I see that Ms. Comey has her statute book open
AUSA Comey: The rule required the preparation of a report, absent a reasoned waiver. Probation may be able to expedite.
Judge: Update me by July 8 at noon
Judge: And we'll hold a hearing on the afternoon of July 8.
Combs' Agnifilo: Your Honor has a lot of information from presiding over the trial. We want the sentencing as soon as possible. Other Mann Act cases, there nothing remotely similar to this.
Combs' Agnifilo: The cases we're reviewed involving defendants making money, millions, or involve minors. That's different here are the facts. From our letter, See United States v Dillon [actually, it's US v Dillon Jordan, I cover it here: innercitypress.com/sdny61ocronanj…
Combs' Agnifilo: Then there was the Emperor's Club case of the former governor of New York... We understand this is moving quickly. The issue for us is, if we'd had more time, we could have shown extraordinary circumstances
Judge: You concede violence in your closing. Whether that's relevant to sentencing is not for today. But it can be considered on a bail application.
Combs' Agnifilo: In June 2024, there's an argument that Mr. Combs was defending himself
Judge: Mr. Combs tried to get into a batterer's program in New York, the jury never heard that - then he got arrested. All these months later, here we are. The same drive to meet the head on, like the self respecting businessman he is
Combs' Agnifilo: He's been a model prisoner. There have been no issues. He's going to have next chapters of his life. When you're charged with racketeering, you have dark talks. When I was reading the Mia message for his birthday, I had a heard time doing it...
Combs' Agnifilo: His children are here. His two daughters, there in the middle of the second row, they no longer have a living mother. Here, the user of prostitution services has been convicted under the Mann Act. He was acquitted of violence for sex trafficking
Combs' Agnifilo: He wants to talk to you. Let me check.
Judge: OK, check. Ms. Comey?
AUSA Comey: His brazenness is almost unmatched. The suggest it was self-defense is insulting. He slapped her in the shoulder. He had drugs in his NYC hotel room, he invited Jane
Combs' Agnifilo: We could craft conditions. Would the Court be open to us putting together a bail package? I am happy to do so
Judge: The bail application is denied. We'll receive hopefully a joint proposal on expedited sentencing, on Tuesday, and a hearing 2 pm
9:15 am
Sean Combs is in the courtroom, talking with his lead lawyer Agnifilo. Also in the well: Shapiro, Westmoreland, Driscoll, Steel. Prosecutors nowhere to be seen.
9:30 am
Now Sean Combs is talking with his lawyer Nicole Westmoreland, while four other of this lawyers huddle to the side. Combs stands up, asking Marshals, and is allowed to speak to his family seated in the front row. Now back into holding cell.
Judge Subramanian: Ms. Comey, can we make sure that things that have been emailed in are put in the docket?
[Better late than never: this is what Inner City Press requested in Week 1: storage.courtlistener.com/recap/gov.usco…
Judge Subramanian: I am adopting the Government's answer to the drug distribution question.
Combs' Driscoll: Can we just put something on the record, about sole possession? This definition of distribution would mislead the jury
Driscoll: But-
Judge: Hold on
OK - now in Drake v UMG [Kendrick Lamar] case, iral argument. Inner City Press has covered the case from the start and will live tweet, thread below innercitypress.com/sdny4vargasdra…
Judge Vargas: You seem to say a diss track could never be defamatory. But NY law says the form is not dispositive.
UMG lawyer: Look at the shock jock case(s)
Judge: Not the same thing. Perhaps the court needs more info [and cannot dismiss]
UMG lawyer: Drake opened the door, in the 3d person, si that when Kendrick Lamar says, Heard you like 'em you, there is no surprise
9:12 am - Judge Subramanian enters
Judge: In case there is anything, we'll bring the jury in for the charge.
Combs' Geragos: The laptop is ready, there're a few things we'll finalize during the charge.
Judge: Just email it to Chambers. (That is, not in the docket)
Judge: All rise!
[Jurors enter]
Judge: I'll read you the charge, it's long but I'll try to make it interesting. You have now heard all of the evidence in this case as well as the final arguments of the parties. I will instruct you on the law - as I give it to you
Judge: Before the defense closing, what about the laptop of exhibits?
AUSA: We are both still working on it. There are a lot of exhibits.
Judge: Why don't we not give the laptop to the jury until Monday? Today we have the defense, the rebuttal, and my charge
Judge: So, deliberations will start Monday. I sent the parties my charge and the verdict form
[Neither is yet in the docket]
Combs' Geragos: May I confer with Mr. Agnifilo?
Judge: Of course
This charge conference was supposed to be at noon, then moved to 2 pm, not still not begun as of 2:20 pm. Sean Combs is sitting at the defense table. Next to him, his lawyer Xavier Donaldson speaks to Judge's courtroom deputy. There's talk of more delay
OK - 3:07 pm - they start up
Judge: Sorry for the delays, but there was a full on Constitutional challenge patreon.com/posts/diddy-do…