NEW YORK (AP) 鈥� Lawyers for labeled the prosecution against the hip-hop star as 鈥渟exist and puritanical鈥� on Tuesday, saying nine recordings of sex acts considered important evidence in the case show only consensual sex between willing adults.
The lawyers submitted a letter to a Manhattan federal court judge asking that the recordings of elaborate sex performances that authorities say Combs orchestrated be turned over to defense lawyers for additional investigation. So far, they say, defense lawyers have only been allowed to temporarily view them twice in the last two months.
Combs, 55, has pleaded to sex trafficking charges lodged against him after his September arrest. He has remained incarcerated, awaiting a May 5 trial, after bail was rejected following bail hearings before three different judges.
A spokesperson for prosecutors declined to comment.
The defense submission Tuesday was similar to arguments at bail hearings where defense lawyers insisted that prosecutors had demonized sexual activity between consenting adults to create the case.
鈥淎ny fair-minded viewer of the videos will quickly conclude that the prosecution of Mr. Combs is both sexist and puritanical,鈥� the lawyers wrote. 鈥淚t is sexist because the government鈥檚 theory perpetuates stereotypes of female victimhood and lack of agency.鈥�
against Combs said the music mogul arranged sexual encounters between his victims and male sex workers that he called 鈥淔reak Offs鈥� 鈥� defined in the indictment as 鈥渆laborate and produced sex performances that Combs arranged, directed, masturbated during, and often electronically recorded.鈥�
Prosecutors said the encounters sometimes lasted days and involved multiple commercial sex workers, with Combs drugging participants to 鈥渒eep the victims obedient and compliant.鈥� They said raids of Combs鈥� Los Angeles and Miami homes produced supplies for the 鈥淔reak Offs,鈥� including drugs and over 1,000 bottles of baby oil and lubricant.
Defense lawyers say the nine videos 鈥渄epicting six unambiguously consensual sexual encounters鈥� were provided to the government by lawyers for a woman identified in the indictment as 鈥淰ictim-1,鈥� who was in a long-term relationship with Combs.
鈥淚n all six of these encounters,鈥� defense attorneys wrote, 鈥淰ictim-1 is not only consenting; she is evidently happy, dominant, and completely in control.鈥�
They said the videos do not depict sex parties and there were no secret cameras, orgies, minors or other celebrities involved.
They wrote that there was no evidence of violence, coercion, threats, or manipulation and no indication that anyone was incapacitated or under the influence of drugs or excessive alcohol consumption.
鈥淭here is certainly no evidence of sex trafficking,鈥� they said.
The lawyers said the lighting on some videos was 鈥渧ery bad鈥� and the images were 鈥渜uite dark and grainy,鈥� requiring experts to enhance the quality of the audio and video and analyze metadata to determine when the videos were created or modified.
They said the government's view depends on the characterization of the sex performances as 鈥渄irty, disgusting, or inherently unsavory鈥� and shows that the government 鈥渟eeks to police non-conforming sexual activity and that it assumes 鈥� despite all evidence to the contrary 鈥� that a woman's willing participation must have been coerced.鈥�
Larry Neumeister, The Associated Press
