Sean “Diddy” Combs has filed an appeal for the third time in an effort to be released from prison. The controversial music mogul, 54, has been behind bars since his arrest on September 16 as he faces sex trafficking and other federal criminal charges. He has pleaded not guilty. The news comes as Combs’ attorneys separately requested an April or May 2025 trial date.
On October 8, Combs’ attorneys asked an appellate judge to approve the “Last Night” rapper’s pretrial release “under appropriate bail conditions.” That includes a $50 million bail deal that bans him from tampering with witnesses, and the prospect of this was one of the reasons he was twice denied bail by two different judges. Combs’ attorneys call the court’s ruling “purely speculative” and argue that the “sensationalism surrounding his arrest has skewed the bail analysis.”
In a separate legal filing obtained by Yahoo Entertainment on Wednesday, Combs’ attorneys said their client “wants to assert his right to a speedy trial” as they aim for a spring start date. Here’s the latest on the case, as legal experts break down what his third appeal request means.
Trial date requested
The defense and prosecution wrote a joint letter to Judge Arun Subramanian, who is expected to preside over Combs’ criminal trial, outlining the issues they plan to discuss at an Oct. 10 hearing. This is different from the bail appeal filed on Tuesday which will be heard by a separate court.
Combs’ attorneys asked for a trial date in April or May 2025. The government simply wrote that she “will be available for trial on a date set by the court, although it remains within the court’s discretion to set a trial date at the beginning of the case or at a later date.”
Whether Combs will be behind bars or under house arrest at his Miami mansion awaiting trial remains to be seen.
Why the Court of Appeals is different – and why it can matter
Criminal defense attorney Mark Reichel tells Yahoo Entertainment “there are two different issues at play” in terms of Combs’ bail appeal.
“First, the appellate judges have far fewer cases and will have much more time to study and consider the issues. It is a much more sterile environment for an analysis of the law and the facts,” he explains. The Sacramento, California-based attorney says appellate courts lack “the drama and passion of the court” because there are no witnesses in the courtroom and “the defendant is usually not there.”
However, Reichel says there is one notable “disadvantage,” which is the “standard of assessment.”
“The appellate courts are not there to simply repeat every argument of the lower court. They are only there where you can show that a substantial error has been made. They give the lower courts broad discretion in rulings,” he says .
Combs’ motion ‘makes a compelling point’
Reichel believes it’s a “close call” whether Combs should be released, highlighting the defense’s “coercive” bail proposal.
The $50 million bond is secured by Combs’ Miami Beach home. He agreed to house arrest with GPS monitoring. Private security guards monitored the Bad Boy Records founder at all times and limited visitors to an approved list, including no female visitors except relatives or mothers of his children. His passport would be surrendered and he is trying to sell his private plane. Combs’ attorneys repeatedly pointed out that he had the means and opportunity to flee after Homeland Security raided his homes, but did not.
“[Combs] has done everything possible to limit possible witness tampering and possible flights. He has made it impossible for prosecutors to argue that he could flee. His offer makes that physically impossible,” says Reichel.
Celebrity defense attorney Chris Melcher is surprised that Combs was not granted bail under the above conditions.
Despite the seriousness of the charges, it is surprising that Diddy is being held in custody because he has no criminal record. He voluntarily went to New York to surrender, offering $50 million bail and agreeing to subject himself to electronic monitoring. monitoring,” Melcher, who is based in the LA area, tells Yahoo.
“In his appeal, Diddy argues that there is no credible evidence that he attempted to influence a witness. The prosecution will have to present solid evidence of witness tampering or risk being released,” Melcher added.
Is the third time the charm for Combs?
Experts agree that it appears unlikely that Combs will be released after two judges already denied his request.
“It is not common for lawyers to make multiple bail applications in an attempt to get their client released. The courts require that there be a change in circumstances to give meaning to a new bail intention – a change that was not apparent or known at the time the original bail was granted.” The motion was denied,” LA criminal defense attorney Silva Megerditchian tells Yahoo, adding that she believes it was a misstep by Combs’ defense team to call out “media sensationalism.”
“It is notable that the attorneys appear to be mocking the lower court, arguing that sensationalism and media frenzy have essentially distorted the bail argument and ruling,” she continued. “I do not believe this will be a successful argument before a higher court reviewing the motion.”
Reichel says that despite Combs’ compelling bail package, he thinks the appeals court will “simply affirm” previous rulings.
Looking ahead
It appears “voluminous” discoveries will be discussed at Thursday’s hearing, given the joint letter from the defense and prosecution.
The government has already turned over search warrants in the case, iCloud reports, for two of Combs’ accounts and his phone seized during the March raids, “which the defense specifically requested to be produced in the first production.”
