Attorneys for Sean "Diddy" Combs have filed a motion seeking to overturn his recent conviction or, alternatively, to secure a new trial. The motion was submitted to the U.S. District Court for the Southern District of New York on Wednesday. Combs was convicted earlier this month on two counts of violating the Mann Act, which prohibits the transportation of individuals for illegal sexual activities.
The 62-page motion argues that the interpretation of the Mann Act in Combs' case was overly broad. It contends that there was insufficient evidence to prove that Combs transported anyone with the intent to engage in prostitution. The filing states, "there was insufficient evidence that Mr. Combs transported anyone with the intent to engage in 'prostitution,' even if it includes any sex for money."
Additionally, the defense claims that Combs lacked a commercial motive and did not intend for paid escorts to engage in sexual acts with him. The motion emphasizes that upholding the conviction would infringe upon Combs' First Amendment rights, asserting that "paying people to film them in sexual performances" is a protected activity.
The defense also argues that a new trial is warranted due to potential bias from evidence that should not have been admitted. They state that evidence related to two counts of sex trafficking and one count of racketeering conspiracy, for which Combs was acquitted, was inflammatory and prejudicial. The jury found Combs not guilty of these more serious charges during the six-week trial.
Testimony during the trial included accounts of Combs hiring male escorts for drug-fueled sexual encounters with women, including former girlfriend Cassie Ventura. However, no evidence was presented to show that Combs participated in these encounters, which were referred to as "freak-offs."
In a related development, Combs' legal team has also requested that he be released on bail while awaiting sentencing, scheduled for October 3. They proposed a $50 million bond and suggested that he reside in his Miami home during this period. The defense argued that Combs should not be incarcerated for his actions, stating, "There has literally never been a case, like this one, where a person and his girlfriend arranged for adult men to have consensual sexual relations with the adult, long-term girlfriend as part of a demonstrated swingers lifestyle, and has been prosecuted and incarcerated under the Mann Act."
The presiding judge, Arun Subramanian, previously denied Combs' bail request, citing a provision in the Mann Act that presumes detention for such offenses.