Sean “Diddy” Combs deserves a prison sentence of no more than 14 months — a sentence that would effectively amount to time served — after a jury convicted him earlier this year of transportation for the purposes of prostitution, his attorneys argued in a new court filing Tuesday, saying, “It is time for Mr. Combs to go home to his family.”
Combs, who was acquitted of more serious sex trafficking and racketeering charges, has been jailed more than a year since his arrest in New York.
“Mr. Combs must be sentenced for what the jury convicted him of-interstate transportation of fully consenting adults with intent to engage in prostitution. But it would be unlawful, and a perversion of justice, for the Court to sentence him as if the jury had convicted him of sex trafficking and RICO, or to increase his sentence based on the Court’s own findings about force or coercion or racketeering,” defense attorneys said in their sentencing memorandum to the judge.
The memo runs 380 pages — including letters from Combs’ mother, children, friends and business associates — and takes aim at the apparent recommendations by prosecutors and the Probation Department for tougher sentences. Prosecutors have not completed their sentencing memorandum and the probation recommendation is not public, though the defense suggests it is about five years.
“The prosecutors, for their part, have lost all perspective,” the defense said. “This draconian approach makes Alice in Wonderland’s Queen of Hearts seem benevolent: instead of ‘Sentence first-verdict afterwards,’ the government’s view is ‘Verdict be damned-lock him up and throw away the key.'”
Combs’ attorneys called his case “unique,” since he made no money from the prostitution crimes. Instead, Combs transported Cassie Ventura, a woman who testified under the pseudonym “Jane” and male escorts so he could watch them have sex in various locations, “threesomes where fully competent adult men and women voluntarily crossed state lines and had consensual sex with each other.” The women dispute whether the sex was consensual.
Defense attorneys also appealed to Combs’ character in urging the judge for a lenient sentence, calling him “an extraordinary person who has made monumental professional and personal contributions throughout his 55 years” and who wants to be with his family, a description at odds with his portrayal by prosecutors as a violent, controlling, unpredictable sex fiend.
“He lost many loved ones, including his father, his best friend, Christopher Wallace-professionally known as Notorious B.I.G.-as well as the love of his life and mother of four of his children, Kim Porter, and most recently, his mentor, Andre Harrell,” the filing said. “These events were devastating, and for decades Mr. Combs struggled with serious substance abuse issues, anger and anxiety, and other flaws that he did not properly or professionally address until his incarceration last year.”
This is a developing story. Please check back for updates.