What we know about the case

• Sean “Diddy” Combs was acquitted of racketeering and sex trafficking charges on July 2 and found guilty on two lesser charges of transportation of former girlfriends for prostitution.
• The judge denied bail, meaning Combs has remained detained until today’s sentencing. Federal prosecutors say Combs should serve more than 11 years in prison for the conviction, arguing that he is “unrepentant” and should be punished after he “engaged in violence and put others in fear.”
• Lawyers for Combs stated in their written presentence submission to Judge Arun Subramanian that their client should serve no more than 14 months. Since Combs has already served almost 13 months, this proposed sentencing could result in his release in a matter of weeks.
• Combs is expected to speak at today’s hearing. Last night, Combs apologized and expressed “how sincerely sorry I am for all of the hurt and pain that I have caused” in a letter to Subramanian.

 

Court is now in session

Judge Subramanian has taken the bench and Combs’ sentencing hearing is underway.

Judge explains how today’s sentencing will unfold

Subramanian said he’s received reams of paperwork on both sides of the case, and he’s ready to proceed.

The material includes sentencing memos, exhibits, letters from family friends and inmates, and a defense video.

“I have read all the material and read the letters and greatly appreciate those,” he told the court.

‘Mia’ will not make statement at today’s sentencing

A woman, referred to only by a pseudonym throughout Combs’ trial, was expected to offer a witness impact statement during Combs’ sentencing today. However, moments after the court began this morning, it was announced that she no longer wished to speak.

Instead, she submitted a victim impact statement that prosecutors are asking the court to consider in Combs’ sentencing.

The government referred to the woman as “Victim-4” in Combs’ indictment, but through the trial, she was referred to as “Mia.” “Mia” used to work for Combs as a personal assistant, telling the court that she witnessed Combs’ frequent bouts of violence and had to clean up hotel rooms after Combs’ drug-fueled sex marathons, which included sex workers.

She also told the court that Combs sexually assaulted her while she worked for him. At the end of her testimony, “Mia” told jurors that she had never wanted to discuss some of these moments in public.

“It’s the most traumatizing, worst thing that’s ever happened to me,” she testified.

Judge says defense letter about ‘Mia’ was ‘inappropriate’

Judge Subramanian chided Combs’ defense team, saying the “tone” of a letter his lawyers submitted to the court about an accuser pseudonymously known as “Mia” was “inappropriate.”

In a court filing Wednesday, Combs’ lawyers forcefully pushed back on the prosecution’s request that “Mia” be allowed to speak at this sentencing hearing. “She lied that she had sexual contact with Sean Combs without her consent. She lied that she was a victim,” the defense team said. “Virtually everything that came out of her mouth was a lie.”

The attorneys who represent “Mia” defended their client’s integrity in a statement to NBC News: “Mia was incredibly brave to walk into a public courtroom and testify truthfully about the worst events of her life, and stand up for herself, her friends, and abused women everywhere.”

Prosecutors have some space to use ‘acquitted conduct’

Judge Subramanian gave prosecutors at this sentencing hearing the freedom to cite “acquitted conduct,” referring to actions by Combs in charges for which he was found not guilty.

“The court will be best to determine whether it qualifies as relevant conduct,” he said. “We consider all the facts to impose the sentence, but not greater than necessary.”

So even though Combs was cleared of the most serious charges of running a criminal enterprise, testimony about the alleged coercion he might have used against former girlfriends Jane and Mia could be cited.

Defense argues Combs used his success to help others

Defense attorney Nicole Westmoreland took time in court to point out the positives Combs has introduced into the world, namely “his inspiration has given to others” and “what he has done at MDC,” the New York correctional facility where he has been held over the last year.

She also noted how Combs has “used his success to help others,” speaking about how when he started his own record label, there were not many black owners, but he did it anyway and lifted others with him.

Combs “was pouring himself into the work, and it sent a message that you can do it, you do not have to be assigned to be the label, you can be the label,” she said.

She said his work at his label changed both the music industry and individual lives, and that he would always encourage others, saying, “They could do it,” teaching artists how to improve and lifting them up.

Combs has speaking engagements lined up in the ‘height of hubris’

A prosecutor lashed out at Combs for allegedly acting in “the height of hubris” and booking speaking engagements starting next week, assuming a short prison sentence.

“That is the height of hubris, that is the opposite of the rule of law,” Assistant U.S. Attorney Christy Slavik said earlier today.

In a letter filed with the court yesterday by a Miami nonprofit, the group said Combs already has speaking engagements set for Oct. 14, 17, 23, 25, and 29.

The defense is seeking a 14-month sentence, which could amount to time served.

Defense begins its bid to shorten Combs’ prison sentence

The defense has begun its bid for a shorter prison sentence for Combs.

Prosecutors are seeking an 11-year, three-month prison sentence, while the defense is aiming for a 14-month sentence, which could amount to time served.

The performer and music executive was taken into custody in September last year.

Combs signals hearts to his family in court

Combs left the courtroom during a quick five-minute break. He returned shortly after, hugging his attorneys and making heart signals to his family, who are in the gallery.

Prosecution hammers home how Combs affected victims

While Combs has said he has moved on and now has full control of his anger, Assistant U.S. Attorney Christy Slavik argued in court that victims of Combs cannot move on like he has and that they testified that they are still picking up the pieces.

Slavik again reiterated that Combs has not accepted responsibility for his actions, has downplayed abuse, and has blamed everyone but himself.

“The abuse was not rare, he was violent with Cassie at any perceived slight,” Slavik said, pointing to “freak offs” that were frequently discussed in testimony.

His violence is something “the public must be protected from,” Slavik said, adding, “there was nothing mutual about the dynamic of the relationships.”

“The defendant had all the power,” Slavik continued. “You saw photos of them with bruises, but no injuries to him.”

Prosecutors say Combs did more than just transport people for sex

Assistant U.S. Attorney Christy Slavik urged Judge Subramanian to view Combs’ conviction as more than acts of transporting people for sex, but as aggression that should draw long prison sentences.

Combs did not deny kicking or throwing Cassie to the ground, and even downplays these acts of violence, Slavik said in her arguments this morning.

“This type of harm is real, it is deeply intimate and personal,” Slavik said.

Defense raises Fifth and Sixth Amendment concerns

Combs’ defense claims its client might have his Fifth and Sixth Amendment rights violated if prejudicial evidence is used against him at this sentencing.

“I want to be clear, there are Fifth and Sixth Amendment issues, double jeopardy” at stake here, Alexandra Shapiro, one of Combs’ defense lawyers, said.

The Fifth Amendment protects Americans from being tried twice for the same underlying action, while the Sixth Amendment guarantees fair and speedy trials.

Combs may not receive an adjustment for accepting responsibility of charges

After discussing how the court can consider content from acquitted charges in today’s sentencing, the judge noted how Combs has denied the facts of guilt by saying he was paying for time, and not for sex, in evidence brought by prosecutors during the trial.

Combs did not express remorse for the charge of transporting people for prostitution, which the judge said is flatly inconsistent with reality and his accepting responsibility, Subramanian said.

Subramanian said Combs has also challenged his guilt “full-throatedly,” which means he may not receive any sentencing adjustment for acceptance of responsibility.

Defense makes passionate plea for Combs’ freedom

Defense lawyer Nicole Westmoreland got emotional during her presentation, telling Judge Subramanian that Combs occupies a key space in the community, and the community would suffer without him.

“Our community finally had a seat at the table, a voice, and after Sean Combs figured out how to move within that industry he moved onto help others,” Westmoreland said. “He gave others an opportunity to have a voice on multiple networks, a way to show his community they are important, and issues affecting the Black community they are important.”

Combs is ‘just a human being,’ defense attorney says

In defending Combs, attorney Nicole Westmoreland spoke about the ways in which he has helped others and inspired those around him, but stressed that her client “is not larger than life. He is just a human being.”

She noted that Combs has made mistakes, like everybody has, but that not everybody can say they have “helped so many lives… past our family or friends or people in our close circle.”

That he has helped so many is an important aspect of Combs’ life, Westmoreland said, and “it wouldn’t be right to take it from him because he’s made mistakes,” and that “somewhere along his way he lost his journey.”

After 13 months in jail, Westmoreland said her client is clear-headed, drug-free, determined, focused, and remorseful — something the prosecution earlier said they have not seen or heard from Combs.

Combs’ children are now speaking at sentencing

The defendant’s children are now addressing the court. Afterward, defense attorney Brian Steel said his team will play an 11-minute video about Combs’ role as a mentor, community leader and philanthropist.

Combs is a ‘changed man,’ his eldest son says

Quincy Brown, Combs’ eldest son, and his brother, Justin Brown, spoke in support of their father alongside their four other siblings.

Quincy said his father is a “changed man” who has learned his lesson, and that his kids love him unconditionally.

Justin added that he hopes his dad will get a second chance at life “to right this wrong and to be the man he truly is.” He added that his father is now drug-free and has learned his purpose in life.

Christian Combs calls his dad ‘the greatest in the world’

The 27-year-old Combs said his dad has made it a life goal to “spread positive energy ” and asked Judge Subramanian to “give us grace and please give him mercy.”

“He is the greatest in the world, he is my hero, has always been my hero, and always will be my hero; he always taught me to treat women with respect, ” Christian said.

His dad’s time behind bars has made an impact, Christian said, adding that he can tell Combs “has changed.”

“I ask you with the utmost respect, please give us grace and please give him mercy to let him out and become the man we all know he is,” Christian asked Subramanian.

Combs in tears as his children testify on his behalf

As his six children took the stand to testify in his defense, Combs began to cry, holding his head in his hands and wiping away tears before putting his head down.

His daughter Jessie told Subramanian that her dad “promised he would always be there to keep us safe,” and her sister Chance added that they are just “daughters who need our father.”

“We have emptiness in our lives,” Chance said, adding that Combs is thoughtful and that he has made mistakes, but that he wants to do better.

Chance added that she’s seen a difference in how he listens and responds to her, and that his time in jail has been “unexpectedly healing.”

Defense plays 15-minute video at sentencing

The defense is now playing a video that is approximately 15 minutes long. In the video produced by the defense, Combs is seen with his children, praying and engaging in philanthropic work.

Daughter asks judge for a sentence to ‘heal’ family

A sobbing D’Lila Combs asked the judge to deliver a fair sentence that could “heal” their family.

“Our 2-year-old sister is asking, ‘Where dad is?’ the same way we grew up motherless,” D’Lila said. “It’s a hole that can’t be filled. We are tired of being strong. We have already lost so much: our mother, our father. Please, give us the chance to heal together and move forward together.”

Lunch break called for Combs sentencing

Judge Subramanian adjourned court for lunch, asking all parties to return before 2:15 p.m. EDT.

Combs’ defense is set to continue its case, arguing that he should be sentenced to no more than 14 months in prison.

The afternoon session is underway

Judge Subramanian took the bench, and Combs’ sentencing hearing resumed following the lunch break.

Just before the afternoon session began, Combs waved at his supporters and mother in the gallery.

The defendant also made a prayer gesture and blew a kiss toward his mother, Janice Combs.

Defense attorney defends Combs’ ‘untreated trauma’ and ‘ferocious drug addiction’

Defense attorney Brian Steel was the first to speak after the lunch break, and took time to give a look-back at Combs’ history, pointing to the rapper’s “untreated trauma” and “ferocious drug addiction that got out of hand.”

Steel recounted stories from Combs’ childhood, including instances in which Combs witnessed his friends dying, and claimed Combs has been addicted to painkillers since he was first prescribed in 2000, both of which have contributed to his behavior.

Combs would go to Miami and seek immediate therapy, lawyer says

Combs accepts responsibility for his criminal missteps and would seek therapy immediately upon release from custody, Steel said.

“If released he would like to go back to Miami, Florida where he’s in walking distance to his mother to care for his mother,” Steel told the court.

The attorney said his client “needs to repair and not be warehoused.”

“He will be speaking openly about what it’s like to be incarcerated, to be on drugs, to lose a global business, to hurt the people you love, to take the happiness from your family,” Steel said.

Give him to us and we won’t let you down,’ Miami pastor tells judge

A Miami pastor asked Judge Arun Subramanian to free Sean Combs from jail, saying that no amount of time spendt behind bars will “change his condition.”

“As Michael Jordan said, these sneakers are just sneakers — but when Sean does things he turns them into opportunities,” said the pastor, Rev. Gary Johnson. “Sean needs an opportunity. I am asking you to give him to us and we won’t let you down.”

Combs attorney: My client ‘is not a pimp’

Defense lawyer Xavier Donaldson said his client does not deserve a harsh penalty along the lines of a convicted “pimp.”

“The government equates Sean Combs with a pimp. I want to be clear Mr. Combs is not a pimp,” Donaldson told the court.

“A pimp is in the business of subjugating women, therefore he should not and cannot be considered a pimp.”

Defense explains Combs speaking engagements

Donaldson said prosecutors mischaracterized Combs’ post-release plans in Miami as presumptuous “speaking engagements and instead called them community-enriching “teaching” opportunities.

“Contrary to what the government said, we do need something for him to do if he gets out today,” the defense lawyer said.

“He would answer the question with teaching engagements — to help people who have been convicted to crimes to be ready, these are teaching engagements that we contacted them about if the court let him out.”

Combs has ‘genuine psychological’ issues, lawyer said

Defense attorney Marc Agnifilo said his client should be sentenced a little more than time served.

“We are asking for a lot, a 14-month sentence and I want to give the court some reasons,” he said.

Combs has long suffered from mental health challenges that he’s willing to address, according o the lawyer.

“Sean Combs has genuine psychological challenges,” Agnifilo said, citing the slaying of his client’s father. when he was just a child. “(In) 2014, 2017, 2020 he reported to three different doctors and he had PTSD.”

Combs has already been punished on a ‘grand public stage,’ lawyer says

Comb’s lead defense attorney argued that his client does not deserve more punishment because he was “treated in a stern, punishing fashion and the world knows that.”

Marc Agnifilo cited a lawsuit by Combs’s ex-girlfriend, Cassie Ventura, and raids on Combs’ homes in Miami and Los Angeles — events that he said happened on a “grand public stage.”

“This is all probably one of the greatest general deterrence cases because everyone knows what happened to Sean Combs because it was destructive in every way,” he said.

Combs about to speak on his own behalf at sentencing

Following a 10 minute break Combs is expected to rise from the defense table to speak on his own behalf, in a final bid to avoid years behind bars.

The prosecution is seeking an 11-year prison term while defense lawyers hope he’ll get just 14 months, which would amount to about time served.

Combs says ‘I want to personally apologize’

The disgraced performer and music executive told the court he wants to take responsibility for his actions.

“One of the hardest things I’ve had to handle was having to be quiet and not being able to express how sorry I am for my actions,” he said.

“I want to personally apologize to Cassie Ventura to any harm I have caused her emotionally or physically. I don’t take that lightly. I would like to apologize to her family, I am so sorry. I would like to apologize to Jane, I’m sorry. I brought you into my mess.”

Combs calls his actions ‘disgusting, shameful and sick’

Combs blamed himself and drugs for his “disgusting, shameful and sick” behavior.

“My actions were disgusting, shameful and sick,” he said. “I was sick, sick from the drugs. I was out of control, I needed help and i didn’t get the help and I cannot make no excuse because my mother taught me.”

He continued: “I got lost in my dream of life. I am not this larger-than-life person. I am just a human being, I was trying my best, I got lost in my excess.”

Combs, sobbing, says: ‘You taught me better”

After saying that he had been “stripped down to nothing,” Sean Combs turned to his family and sobbed.

“You taught me better,” he said. “You raised me better.”

Combs insists he’s ‘learned my lesson,’ begs for mercy

Combs said his arrest and trial have a made a permanent change in his outlook on life as he begged a federal judge for mercy.

“I can’t change the past but can change the future,” he said. “I ask your honor for mercy. I beg your honor for mercy, to be a father again, a son again and be a leader in my community again and get the help I desperately need.”

Combs promised he’ll never be violent again.

“They need me, they’re scared and I’m scared,” he said. “I have nobody to blame but myself. I will never put my hands on another person again. I have learned my lesson.”

Combs finishes statement, short break in court

Judge Subramanian called for a short break in court, following Combs’ dramatic plea for mercy.

Combs says he wants to be made ‘an example of what a person can do if they get another chance’

During his remarks, Combs said he does not take his conviction lightly and said he wants the judge to “make an example of what a person can do” with a second chance.

“I take full accountability and responsibility,” he said. “The prosecution wants you to make an example of me. I want you to make an example of what a person can do if they get another chance and if you give me another chance I will not let you down.”

Judge says Combs ‘inspired communities’ worldwide and ‘abused’ his power

Judge Arun Subramanian said he had considered several factors in determining Combs’ sentence, including that he is a self-made artist who has “inspired and lifted up communities worldwide.”

He cited Combs work and family history, including the murder of Combs’ father, and he said that work Combs had done behind bars was impressive.

“The court hopes you will continue to do that,” the judge said.

Subramanian added that he had to consider “all” of Combs’ history.

“You abused the power and control with women you professed to love,” he said. “You abused them physically, emotionally and psychologically.”

Combs sentenced to more than 4 years in prison

U.S. District Court Judge Arun Subramanian sentenced Sean Combs to 50 months behind bars.

Prosecutors had sought an 11-year, three-month prison term for his Mann Act conviction, while the defense was aiming for a 14-month sentence, which would amount to time served.

Combs, 55, was taken into custody in September last year so he’ll have more than a year of credit toward his incarceration.

The judge also fined Combs $500,000 and ordered five years of supervised release once Combs leaves prison.

Combs urged to make most of second chance

The judge who sent Combs away for multiple years behind bars encouraged the disgraced artist to make the most of his second chance.

“Being a champion and uplifting Black and brown communities — that’s what you set out to do at the beginning of your career decades ago,” Subramanian told the defendant.

“Your letter said you lost your way but there’s a true path to redemption here: What went wrong and what can be made right.”

The judge told Combs he was “counting on you to making the most of that second chance.”

Judge calls Cassie Ventura, ‘Jane’ ‘brave survivors’ who gave others a voice

Judge Arun Subramanian described the two women at the center of Combs’ conviction as “brave survivors” who gave others a voice.

“Jane and Cassie Ventura have been through abuse and trauma we couldn’t imagine,” he said, adding: “I can only say your families are proud of you and your children will be proud of you for coming to the court to tell you what really happened. You weren’t just talking to the jury, you were talking to the women who feel powerless.”

Combs paying price for ‘serious offenses,’ Cassie Ventura’s lawyer says

The lawyer for Combs victim Cassie Ventura said the 50-month sentence reflects the “serious offenses” committed by the music icon.

“While nothing can undo the trauma caused by Combs, the sentence imposed today recognizes the impact of the serious offenses he committed,” her attorney Douglas Wigdor said in a statement.

“We are confident that with the support of her family and friends, Ms. Ventura will continue healing, knowing that her bravery and fortitude have been an inspiration to so many.”

Combs’ family in tears as judge reads sentencing

As the judge explained his reasoning for Combs’ 50 month sentence, several members of Combs’ family were in tears, including his eldest daughter, while others looked to one another for a sense of direction.

Aside from the few tears and glances, Combs’ family and friends largely compiled with the courtroom rules, withholding verbal reactions to the verdict.

Combs shows little emotion to verdict

When the sentence was read, Combs showed little emotion in court. He looked at the judge and then looked down. Combs shook his head when judge was talking about Cassie Ventura’s impact in the case. When the judge talked about the impact on the kids, Combs also shook his head.

Afterwards Combs turned towards his family and tapped his heart. He said to his children and his mother “I love you, I’m sorry.” Then he said “I’ll be ok” as he gathered his papers and walked out with the marshals.

 

S: NBC