Sean 'DD' Combs will not be released from prison, judge rules on bail appeal

Accused sex trafficker Sean “DD” Combs will not be released on bail, a second judge ruled Wednesday afternoon. His legal team appealed for his pre-trial release from “horrendous” prison conditions after a judge ruled Tuesday that the music mogul should be held pending trial.

Combs was arrested Monday night after a grand jury indicted him on three felony counts stemming from his alleged years of sexually abusing women, federal prosecutors said.

At Wednesday's hearing, Combs' counsel asked the judge if they would consider a transfer to another facility in Essex County, New Jersey. The judge asked the defense to file an issue on the question of locus standi by September 23.

The judge fixed October 9 for the next hearing of the case. The defense will not agree to try the case in November.

A sigh was heard in court Wednesday when Combs was again denied bail, but it was unclear by whom.

Combs' family, including her three sons, was in the second row of court Wednesday. Entering the room before the trial, he waved to his family. He looked back at them as he was being led away after the hearing was over.

Coombs rarely looked at the prosecutors as they made their case. Occasionally, he shook his head but mostly remained stone-faced and straight ahead.

Combs' defense team argued that he fits the profile of a defendant who should not be remanded to pretrial custody.

He came to New York City to surrender to government agents before his arrest, defense lawyers said. According to Combs' attorneys, this attempt to “surrender” “should be considered by the court”.

His team argued that he should not be subjected to harsh conditions in a federal lockup in New York City, citing murders and suicides that have occurred there in recent years.

The court “recognized that conditions at the Metropolitan Detention Center in Brooklyn are not appropriate for pretrial detention,” defense attorney Mark Agnifilo wrote in a letter to the court.

“Numerous courts in this district have expressed concern about the appalling conditions of detention here.”

The government argued that Combs was a threat to the community, based on alleged violent acts detailed in the indictment, and a flight risk because of his vast wealth.

According to a government memo filed in court Wednesday, “the defendant's conduct illustrates” that the defense team “could not control their client.”

In denying bail Tuesday, prosecutors cited comments by Judge Robin Tarnofsky that Combs' history of drug use and access to weapons put him in danger.

Tarnofsky cited Combs' “prior substance abuse and the fact that the alleged violence may have occurred at a time when you may not be able to control your actions because of that substance abuse” for the arrest warrant.

“Your lawyer asked me to trust you and trust him, and I don't know if I think you can trust yourself,” Tarnofsky said.

Combs “presents a danger — to the victim and to others, both through physical violence and through disruptive behavior — and a flight risk” and should “definitely be detained,” prosecutors added.

A grand jury indicted Combs on three felony charges: racketeering, sex trafficking and using transportation to engage in prostitution, court documents show.

This is a developing story. Please check back for updates.