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.

 

S: NBC