NEW YORK (AP) 鈥� A federal appeals court judge has ruled to keep locked up while he makes a third bid for bail in his , which is slated to go to trial in May.
In a decision filed Friday, Circuit Judge William J. Nardini denied the hip-hop mogul鈥檚 immediate release from jail while a three-judge panel weighs his bail request.
Combs' lawyers appealed to the 2nd U.S. Circuit Court of Appeals on Sept. 30 after two judges rejected his release.
Combs, 54, has been held at a since his Sept. 16 arrest on used his as a music star to induce into drugged-up, elaborately produced sexual performances with male sex workers in events dubbed 鈥淔reak Offs.鈥�
Combs has pleaded not guilty to racketeering conspiracy and sex trafficking charges for years with help from a network of associates and employees while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.
At a bail hearing three weeks ago, a judge rejected the defense's $50 million bail proposal that would鈥檝e allowed the 鈥淚鈥檒l Be Missing You鈥� singer to be placed under house arrest at his Florida mansion with GPS monitoring and strict limits on visitors.
Judge Andrew L. Carter Jr., who has since recused himself from the case, said that prosecutors had presented 鈥渃lear and convincing evidence鈥� that Combs is a danger to the community. He said 鈥渘o condition or set of conditions鈥� could guard against the risk of Combs obstructing the investigation or threatening or harming witnesses.
In their appeal, Combs' lawyers argued that the judge had 鈥渆ndorsed the government鈥檚 exaggerated rhetoric鈥� and ordered Combs detained for 鈥減urely speculative reasons.鈥�
鈥淚ndeed, hardly a risk of flight, he is a 54-year-old father of seven, a U.S. citizen, an extraordinarily successful artist, businessman, and philanthropist, and one of the most recognizable people on earth,鈥� the lawyers wrote.
Combs' lawyers have not asked the new trial judge, Arun Subramanian, to consider releasing him on bail. At a hearing Thursday, as Combs sat alongside his lawyers in a beige jail jumpsuit, Subramanian suggested he would at least be open to taking up the issue.
After setting a May 5 trial date, Subramanian briefly questioned Combs鈥� lawyers about his treatment at the Metropolitan Detention Center, which has been .
Combs lawyer Mark Agnifilo, who had previously sought to have him moved to a jail in New Jersey, told the judge: 鈥淲e鈥檙e making a go of the MDC. The MDC has been very responsive for us.鈥�
Another Combs lawyer, Anthony Ricco, told reporters outside the courthouse afterward: 鈥淗e's doing fine. It's a difficult circumstance. He's making the best of the situation.鈥�
But, Ricco said: 鈥淣obody鈥檚 OK with staying in jail for now.鈥�
Michael R. Sisak, The Associated Press
