Prosecutors are continuing to lay out their case for an 11-year minimum sentence, which they argue is appropriate for the severity of his actions. That would mean Combs could be in prison until he’s at least 65 years old (he’s already served 12 months in jail).
A lighter sentence would “let the defendant get away with years of domestic violence and abuse,” Christy Slavik says.
Citing victim statements and testimony from Cassie and Jane Doe, who said that they experienced domestic violence during their relationship with Combs, she reminds the judge of photos the court saw of the two women’s injuries they say Combs inflicted.
“He didn’t need the money, his currency was control,” the prosecutor says. “This is a defendant who will pose a danger at any age.”
Judge suggests Diddy’s sentence could be six to seven years
Judge Submaranian says the advisory guidelines suggest a sentencing of 70-87 months in jail. That’s about six to seven years.
Submaranian says he sees no reason to depart from the sentencing guidelines, giving us the first clear indication of what Diddy’s prison time could look like.
The prosection has argued for a harsher sentence of more than 11 years, while the defence is requesting 14 months. Diddy has already served just over 12 months in jail, which would be subtracted from whatever his final punishment is.
‘This isn’t just a case about sex,’ prosecutor says
Prosecutor Christy Slavik is now speaking on behalf of the government.
“Today is about accountability and justice,” she says.
The defence has tried to paint Combs conviction as just a side effect of a “sex, drugs and rock and roll lifestyle”, but it’s more than that, she goes on.
“This isn’t just a case about sex,” she says. “It’s a case about real victims who suffered real harm at the hands of the defendant.”
Slavik reiterates that the government recommends a sentence of 135 months (just over 11 years), saying it adequately addresses the separate harms to Cassie Ventura and Jane (who testified under a pseudonym).
“The defendant admitted to violence,” she says and urges the judge to consider that this case is about more than just so-called “freak offs”.
Outside the court, people are also thinking about what sentence Diddy should get
I spoke to a man named Zachary who’s staying in front of the courthouse for the day in anticipation of learning Combs’ sentence.
Zachary tells me he wanted to be here as a fan of hip-hop and Combs’ music, but not necessarily as a fan of Combs himself.
He says he’s just hoping for a fair sentence, and not the 11 years the prosecution is seeking. He says he thinks it would be fair for Combs to get a two-year sentence or “time served”, which would mean Combs is released following the 12 months he’s already spent in jail.
A man named Prince tells me he’s outside the courthouse today to support Combs’ children, who he says don’t deserve to grow up without a father.
“I don’t care how much money they have, how successful they are. You’re nothing without your parents,” he says.
Prince tells me he grew up without a father so he knows what it’s like to not have that fatherly guidance and nurture. But, he adds, he also feels for Combs’ victims.
Lawyers wrangle over what can go into calculating the sentence
Federal judges have to work within a designated set of guidelines when issuing sentences.
Sentences can be made more severe with certain “enhancements”, or increased penalties, that a judge applies based on a convicted person’s conduct while committing the crime.
Right now, Combs’ side is trying to eliminate as many enhancements as possible, while government prosecutors are trying to add them, by raising objections.
The judge has overruled objections from both parties. But notably, he overruled Combs’ request to not consider conduct that was part of the charge against him for alleged sex trafficking – for which Combs was acquitted. The judge has also overruled his request not to consider “coercion” when calculating a sentence.
Cassie Ventura and “Jane Doe” were both victims, the judge said. He added that Combs’ threats to release videos of Cassie participating in “freak-offs” and to not pay housing costs for “Jane” if she did not go along with hotel nights qualified as coercion.
What the defence letter said about ‘Mia
We just reported that the victim who testified against Combs anonymously, using the name “Mia” will not speak to the court today, citing a letter his defence team submitted about her earlier this week.
The letter to the judge cites the Enlightenment, the history of the judicial process, and, in the last line, accuses her of wanting to “further sully these proceedings”.
It primarily – and repeatedly – criticises her for using a “fake identity” to testify and accuses her of lying.
“She got to lie, she got to testify with a false identity, she got to try out her fake voice for a jury of savvy New Yorkers,” the letter claims. “But, she also saw the consequences of lying to a jury: they don’t believe you.”
The prosecution called the letter “bullying”, and the judge said it was “inappropriate” and told the defence not to do it again.
The prosecutor who won the conviction against Diddy is notably absent
We’re missing one key face from the prosecution team in court today: Maurene Comey.
The Department of Justice fired Comey, a federal prosecutor and the daughter of former FBI director James Comey, in July, not long after Combs’ trial concluded.
In addition to the Combs trial, Comey has been involved in several high-profile legal battles in New York – including the cases against sex offender Jeffrey Epstein, and his accomplice Ghislaine Maxwell.
It’s not clear why the DOJ fired Comey, but in recent months, the justice department has made a habit of firing lawyers who worked on cases that angered President Trump. At the same time, Trump has a longstanding political beef with her father and pushed to have him charged with two felonies last month for allegedly lying to Congress during a 2020 hearing.
Comey filed a lawsuit last month arguing that her dismissal was unconstitutional, and without cause or notice. She is seeking her job back.
Her prosecution team was unable to get Combs convicted on the three most serious charges, but succeeded in getting a guilty verdict for the two lesser charges of transportation to engage in prostitution.
‘Mia’ will not address the court after ‘inappropriate’ letter from defencepublished at 14:4814:48
We have some new information coming from the prosecution. Victim four, an anonymous witness who testified under the name “Mia”, has decided not to speak today.
Prosecutors said her decision was in part due to a letter submitted by the defence “which can be described as no less than bullying,” prosecutors said.
The judge agreed, calling the tone of the letter “inappropriate” and telling the defence not to repeat it.
Who will be addressing the court: Combs and two or three of his children. We don’t know what they plan to say yet.
A grey-bearded Diddy says good morning to the judge
Combs is wearing a white sweater, black pants, and glasses.
He has a noticeable grey beard.
His five adult children and mother are also present today, and Combs waves and blows kisses to them before taking his seat.
He scans the gallery intensely.
Combs sounds chipper when the judge greets him, responding “Morning judge!”
The judge who will decide Diddy’s fate
Judge Arun Subramanian is the one who will decide the sentence for Sean ‘Diddy’ Combs.
He has been on this bench for about two years and was nominated by former President Joe Biden and confirmed in a 59-23 US Senate vote.
He was recommended to Biden by New York Senator Chuck Schumer, who said in his Senate hearing introduction that “our courts need more people like Arun Subramanian”.
Schumer also said Subramanian, the son of Indian immigrants, is the first South Asian judge in the Southern District of New York.
This is Subramanian’s first high-profile, celebrity case. Before his nomination in 2022, he had a private law practice. Schumer said that as a lawyer, Subramanian defended victims of trafficking and child pornography.
Earlier in his career, he clerked for the late Supreme Court Justice Ruth Bader Ginsburg.
Fans yelling, loud music and high tensions outside court
The sentencing hearing of Sean Combs is beginning. Outside the courthouse, the crowd has grown larger.
Dozens of reporters, photographers, and news teams are posted out front, alongside content creators livestreaming the events of the day from their phones.
Some curious onlookers have stopped across the street to watch what’s happening.
There’s also a number of people gathered both in support of and against Combs.
Someone has been blasting Combs’ music from a large speaker.
One man – who had been yelling obscenities throughout the morning and was very vocally pro-Diddy – got into an argument with several police officers, as press gathered around filming.
It’s not clear what the issue was about.
An official yelled at everyone to disperse and not block the sidewalk. Things have settled down, but there’s still a group of police surrounding the man.
Sean ‘Diddy’ Combs enters the courtroom
The sentencing hearing is about to begin. Combs is in the courtroom now.
We’re expecting a long day in court with both legal teams presenting their cases for how long his punishment should be.
Combs himself will speak, along with at least four members of his legal team. There’s also a video to be played.
And a woman who testified under the pseudonym “Mia” will also speak.
Combs’ children arrive
Some of Combs’ children have just arrived at court. Earlier, we saw his mother Janice walking inside.
The trial was frequently attended by his mother, daughters and sons, who were sometimes sitting in court as victims described graphic details of Combs’ crimes.
His family members and friends also submitted dozens of letters on his behalf pleading with the judge for a lenient sentence.
SOURCE: BBC NEWS
