P. Diddy Says ‘New Information’ Means Judge Should Let Him Out of Jail

the prosecution and defense are. continuing to battle it out when it. comes to Shan com's bail and pre-child. detention we're going to break down some. new filings in this case could sha comes. be set free welcome to sidebar presented. by law on crime I'm Jesse. Weber okay so we have some new. developments regarding the Shawn Colmes. case and it concerns Bale his pre-trial. release and as we know Colmes currently. sits locked up in the Metropolitan. Detention Center out in Brooklyn as he.

trial on federal sex crimes charges. racketeering conspiracy sex trafficking. transportation to engage in prostitution. and he is sitting there because he was. denied bail twice this is despite. offering a bail package of $50 million. home confinement a security team to. monitor him essentially 24/7 visitor. logs provided to the court no telephone. or internet access limited visitors. coming to that property now the problem.

Sean comes is that the courts were. persuaded by the prosecution's argument. the gravity of com's allegations the. weight of the evidence the potential. danger he is to society the risk of. flight and the allegations that he had. been improperly contacting Witnesses now. Colmes appealed the latest decision to. deny him bail he appealed it to a higher. Court in New York it's called the second. Circuit Court of Appeals now in com's. bail motion and we've talked about this. on a PR previous sidebar so I'm going to.

get to this before I get into the new. stuff but they wrote this case does. involve extreme and unusual. circumstances but none that typically. forclosed bail or warrant forcing Shan. Colmes to defend himself from a prison. cell what is extremely unusual about. this case is that Mr Colmes was detained. immediately after he was charged it goes. on to say the sensationalism surrounding. his arrest has distorted the baale. analysis Mr Colmes was not release. pending trial even though he offered to. comply with restrictive conditions that. would have prevented any conce able risk.

of flight or danger now in this motion. coms denies the government's accusations. of obstruction his attorneys concede. that yes he spoke with people about the. civil lawsuits that he was facing. remember he's been hit with a number of. lawsuits people claiming they were. abused by him but he says he wasn't. aware that the southern district of New. York was investigating him and he claims. once he realized he was being. investigated the appeal motion says he. made sure not to contact these people. anymore the motion reads although the. government vaguely described contacts.

with two grand jury Witnesses it. proferred no evidence of any threats or. intimidation the government could only. state that there were 14 total contacts. between Mr combms and one witness and. another witness who was contacted. multiple times defense Council explained. these contacts involved no obstruction. or witness tampering for example one. witness contacted Mr Colmes not the. other way around she reached out to Mr. Colmes and told him I'm a grand jury. witness after Mr com's informed defense. counsel he was instructed not to contact.

the witness anymore and didn't so in. other words sha colm's defense council. is arguing that the prosecution didn't. meet its burden to hold him until trial. by the way I got to say we plan to. continue to follow all aspects of this. sha Colm Saga as a progresses and. because of the support that we get from. our incredible sponsors that helps us to. keep on doing this so I want to call out. one right now for you our amazing. partner Morgan and Morgan this is. America's largest injury Law Firm look. here's the deal if you're injured you.

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people.com LC. sidebar okay so what's the latest well. the prosecution responded to this they. are opposing this defense motion and at. the very beginning of their filing they. lay out the status of the case right the. arrest the indictment what has been. happening with baale but they also. reemphasize the allegations and the. charges against sha Colmes so to set the. stage they say as alleged comes and.

other members and Associates of the. racketeering Enterprise the Enterprise. wielded the power and Prestige of com's. reputation in the entertainment industry. to commit federal crimes including. racketeering sex trafficking and other. offenses including crimes of violence. from at least 29 through. 2024 coms used Force threats of force. and coercion to cause female victims to. engage in sexual activity which included. sex acts with male commercial sex. workers that comes referred to as freak. offs freak offs which sometimes lasted.

days were elaborate sex performances. that ches directed say he pleasured. himself during and often electronically. recorded Holmes ensured that female. victims participated in freak offs. through coercion and violence including. by supplying female victims with. Controlled Substances subjecting female. victims to physical emotional and verbal. abuse controlling female victims careers. livelihoods housing and threatening to. disseminate recordings of freak offs and. after highlighting how serious these. charges are the prosecutors then focused.

on what happened at the other bail. hearings in front of two other judges. now specifically when talking about the. second bail Hearing in front of District. Court Judge Andrew Carter one of the. main pieces of evidence to demonstrate. that Colmes is a danger to society and. shouldn't be released is the 2016. videotape that was published by CNN. earlier this year of Colmes appearing to. beat his ex-girlfriend Cassandra Ventura. in a hotel hallway and prosecutors say. that even though Holmes tried to say hey.

look this had nothing to do with a freak. off this was about a domestic spat about. infidelity the government writes based. on multiple sources of evidence the. government proferred that immediately. prior to com's assault of the victim. there was a male commercial sex worker. in the hotel room with comes and the. victim who remained inside the hotel. room during the assault makes me think. that that person uh is probably going to. testify at an upcoming trial maybe that. person was caught on surveillance. footage it goes on to say the government.

then read text messages between Colmes. and the victim which confirmed the. victim's severe injuries the government. highlighted text messages sent by comes. himself immediately after the assault. suggesting that comes feared a law. enforcement response including the. following call me the cops are here and. yo please call I'm surrounded the. government emphasized that whatever the. context the Undisputed conduct captured. on video punching kicking and dragging. the victim underscored com's. dangerousness and prosecutors double.

down on what happened in this 2016 video. they write with respect to the March. 2016 incident at the Intercontinental. Hotel colm's Council characterized the. relationship between the victim and. comes as very loving and freak offs as a. sought-after special part of the. relationship judge Carter responded what. does this have to do with him punching. her throwing a vase at her kicking her. What's Love Got to Do With That home's. Council continued to argue that there. was no sex trafficking but judge Carter. pressed him to respond to the argument. that col's violent conduct was relevant.

to com's dangerousness more generally. com's Council conceded I think it's. relevant I think it's relevant I haven't. said it wasn't relevant I'm saying it's. not part of the sex trafficking hmes. Council nonetheless urged judge Carter. that even if the court doesn't fully. trust trust the package as a whole so in. other words I think a way of looking at. this is even if it didn't have to do. with sex trafficking or racketeering if. you were trying to present the argument. that Sean Colmes is violent and a danger. whatever reason was behind him.

essentially beating Cassandra Ventura. that's enough evidence that's it in of. itself that proves the point and. prosecutors also explain how judge. Carter was especially troubled by the. allegations that Colmes was reaching out. to Witnesses including Witnesses who. received grand jury subpoenas that he. was engaging in witness tampering that. he was engaging in obstruction and they. say judge Carter properly denied com's. motion for bail just as judge tarnavski. did before him Colmes cannot demonstrate. that judge Carter clearly ered when he.

found after considering lengthy written. submissions reviewing a transcript of. the Bale hearing before judge tarnavski. and presiding OV extended oral argument. that the government had established by. clear and convincing evidence that coms. posed a danger to the community and that. no bail conditions could reasonably. assure the safety of the community so. let me take a quick second to explain. this the second Circuit Court of Appeals. in order to overrule judge Carter's. denial of bail they would have to find. that he clearly made a mistake here and.

the tricky part about that is a by law. this appeals court has to defer to. Carter's reasoning when making this. ruling and B essentially they would have. to find that the government hasn't. established by something we call clear. and convincing evidence that Colmes was. a danger to the community or that he. would threaten or injure or intimidate a. witness the government has the burden. yes the government has the burden true. but clear and convincing evidence that. is a low standard under the law it is a.

lower bar for the government to cross. than let's say Beyond A Reasonable Doubt. basically the government has to show. that there is a high probability of this. and here given these specific charges. prosecutors Say by law there is a. presumption that he should be detained. there is a presumption that the. defendant is a danger and can't be out. on bail but they also explain that the. defendant has a limited burden of. production to rebut that presumption but.

they also write even where a defendant. produces sufficient evidence to rebut. the statutory presumption of detention. the presumption doesn't disappear. instead it becomes a factor to be. weighed and considered like all the. others in deciding whether to release. the defendant and that's going to be. important in a minute but First Federal. prosecutors argue that judge Carter's. finding that sha Colmes is a danger it. was supported by clear and convincing. evidence they say comes is ignoring the.

charges he faces and the strength of the. evidence they write quote as alleged. since at least 2008 comes has engaged in. serious acts of violence including. forcing and coercing women to. participate in sex acts with commercial. sex workers by using physical Force. Financial pressure emotional abuse. narcotics they continue although Colmes. claims on appeal as he did below that. the freak offs involved adults. voluntarily engaging in consensual sex. the grand jury found probable cause. otherwise and The District Court.

properly credited the allegations in the. indictment and the government's detailed. evidentiary propers moreover Undisputed. video evidence corroborated that coms. used brutal violence against his victims. including by hitting punching kicking. and dragging them and more specifically. when it came to that 2016 video they. write even if the evidence did not. support the conclusion that com's. assault at the inter Intercontinental. Hotel was related to sex trafficking. which it did com's Council conceded that. com's violent conduct against women was. not nonetheless relevant to his.

dangerousness bottom line here whether. he struck Ventura because of sex. trafficking or a domestic dispute he the. argument is he's still violent he's. still dangerous that's all that matters. now when it comes to obstruction the. government writes in arguing that. evidence of obstruction was thin and. that the government provided no basis to. believe that Colmes tampered with. Witnesses comes primarily quibbles with. the strength of the government's. evidence that comes made inappropriate. contact with government Witnesses which. Colmes ignores altogether the serious.

and substantial allegations of. obstruction bribery and witness. tampering charged in the indictment as. part of col's pattern of racketeering. activity that amply supported judge. Carter's determination so sort of using. their allegations in the indictment to. support the claim that he was reaching. out to Witnesses now the government. continues the facts including colm's. text messages that he the cops are there. supported the inference that Colmes. wanted to destroy the hotel surveillance. video to avoid prosecution for a vicious.

assault and while Colmes argues that. witness contacts were minimally relevant. or entirely innocuous because they. concerned civil suits the suits alleged. years of physical and sexual abuse. including sex trafficking allegations. that Colmes was plainly aware could. subject him to criminal prosecution and. investigation moreover as the government. made clear comes continued to contct. Witnesses including Witnesses who have. received grand jury subpoenas into the. summer of 2024 when he undoubtedly knew.

about the government's criminal. investigation now from there the. prosecution argues that judge Carter. didn't make a clear error or mistake. when he rejected com's proposed bail. package that I described earlier why. well they argue the government. established that comes used methodical. and sophisticated means to silence and. intimidate Witnesses throughout the. retan conspiracy and during the. government's investigation comes often. used loyal intermediaries to accomplish. his objectives and wielded violence and. blackmail as as well as his substantial.

wealth and influence relative to his. victims and employees to achieve. compliance judge Carter therefore. rightly concluded that the proposed. conditions were inadequate because they. would still permit Combs to obstruct. Justice and intimidate Witnesses through. employees and other individuals and even. coded messages Colmes baldly asserts. that there was not a shred of evidence. that Colmes used coded messages as only. one example however Holmes tried to. ensure a victim's Silence about her. sexual trauma by telling her that he. needed her. and that if she needed Combs too she.

ain't got worry about nothing else. alluding to a promise of Financial. Security in exchange for loyalty now. while Colmes asserts that this incident. did not involve an intermediary comes. then texted an employee to ensure that. his financial adviser kept paying the. victim's rent the evidence therefore. supported the conclusion that even if. confined to his home Colmes has the. means and the influence to evade even. seemingly restrictive bail conditions. now prosecutors they also focus on a.

more policy reason too should we give. sha Colmes someone who is so wealthy and. has the means to provide such an. attractive bail package the opportunity. to stay out of detention because he can. a defendant who's facing such serious. charges they write the district court. rightly rejected col's effort to pay his. way out of detention when the record. established that no set of conditions. could ensure the safety of the community. this court has expressly held that the. bail Reform Act does not permit a.

two-tiered bail system in which. defendants of lesser means are detained. pending trial while wealthy defendants. are released to self-funded private. jails that's an interesting argument. there and finally prosecutors respond to. the allegation that judge Carter. essentially summarily decided Colmes was. a danger and was engaging in obstruction. without holding the government's feet to. the fire that they didn't properly prove. he was doing the things that they were. alleging to justify pre-trial detention. in other words government where's your.

evidence the government responded quote. given the thorough proceedings below. this court should swiftly reject com's. argument that judge Carter committed. legal error by failing to make factual. findings or to weigh required factors. while the bail Reform Act includes a. provision requiring written findings of. fact and a written statement of the. reasons for the detention this court has. explained that where as here the Court's. findings and reasons for issuing A. detention order are clearly set out in. the written transcript of the hearing. the requirement of a writing is. satisfied at the end of the hearing.

judge Carter denied bail only after. reiterating I've heard from the parties. and I've reviewed everything which. included written submissions from the. parties and the transcript of Judge. tarnowski's baale hearing as. memorialized in the transcript judge. Carter then specifically found that. Colmes posed a d danger to the community. and a risk of obstruction based on the. evidence put before him this is. therefore not a case where the detention. order contained only implicit findings. or no finding whatsoever ever so as the.

government in this filing is asking the. second circuit to affirm judge Carter's. denial of bail and for the reasons that. I laid out it seems quite likely they. will do so because of given the legal. standard and given the evidence that has. been presented something else has. happened which we need to talk about. com's team has now filed another motion. asking the second Circuit Court of. Appeals to not do anything to suspend. his appeal of the bail decision don't do. anything don't make a decision on it. it's called holding the appeal in.

abeyance hold it in abayance until com's. team has the opportunity to now argue. the issue of bail in front of the new. judge overseeing com's criminal case. this is the third judge in the case this. is Judge aroon subramanian from the. southern district of New York we talked. about him on an earlier sidebar because. he had a hearing uh last week but this. is really interesting they're asking now. the second circuit don't do anything I. know you heard our arguments I know you. heard the prosecutions don't do anything. yet wait until we have an opportunity to.

now present this issue to the judge. overseeing the criminal case now I know. what you might be saying I don't get it. Holmes was denied bail twice by two. different judges he appealed this to a. higher Court in New York why is he. asking them to wait on ruling on this. why go to judge sub Romanian well this. is where it gets interesting so com's. team says that during that hearing that. I mentioned with judge sub ranian last. week and we covered it on a previous. sidebar where they talked about the. evidence they talked about uh the trial.

date well apparently the defense says. that during that hearing suban remarked. if the defense has any bail application. that they would like to raise then the. court will certainly hear it h now in. their motion and this part is key colm's. lawyers say because certain relevant new. information has come to light since the. detention order Mr Colmes intends to. file a renewed motion for pre-trial. release on conditions with an updated.

proposed bail package in the district. court now to be clear not sure what they. mean by new information is this. something about col's conditions in the. MDC could it be evidence that he did not. engage in improperly reaching out to. Witnesses and victims when they say new. evidence is it really new evidence or is. it something that they've already argued. to the court of appeals not entirely. clear but they say this renewed request. is based on quote change circumstances.

so that's really interesting and what. would a new package look like a new bail. package now of course if the district. court approves bail for Shawn Colmes his. attorneys have indicated they will drop. this appeal in the southern circuit so. we will wait to see what happens there's. a lot of moving parts and of course if. judge sub Romanian has the opportunity. to now review this bail motion will he. look at it differently than judge. tarnavski than judge Carter will sha. Colmes be be released we'll see with a.

little bit of unknowns about what the. defense will present but as we mentioned. the prosecution makes some very very. solid arguments but for right now that's. all we have for you here on sidebar. thank you so much for joining us and as. always please subscribe on Apple podcast. Spotify YouTube wherever get your. podcast I'm Jesse Weber speak to you. next time. [Music].