Sean “Diddy” Combs remains in jail during the bail dispute

NEW YORK – A federal appeals court judge has decided to keep Sean “Diddy” Combs locked up while he seeks bail for the third time in his sex trafficking case, which is scheduled to go to trial in May.

In a decision filed Friday, District Judge William J. Nardini denied the hip-hop mogul’s immediate release from jail while a three-judge panel weighs his bail request.

Combs’ lawyers filed an appeal with the 2nd U.S. Circuit Court of Appeals on Sept. 30 after two judges rejected his release.

Combs, 54, has been in a federal prison in Brooklyn since his arrest on September 16 on charges that he used his “power and prestige” as a music star to lure female victims into drugged, elaborately staged sexual performances involving male sex to move workers at events called “Freak Offs.”

Combs has pleaded not guilty to conspiracy and sex trafficking charges, alleging that with the help of a network of associates and associates, he coerced and abused women for years while silencing victims through extortion and violence, including kidnapping, arson and physical beatings.

At a bail hearing three weeks ago, a judge rejected the defense’s request for $50 million in bail that would have allowed the “I’ll Be Missing You” singer to be tracked using GPS at his Florida mansion -Surveillance and strict visitor restrictions under house arrest.

Judge Andrew L. Carter Jr., who has since recused himself from the case, said prosecutors presented “clear and convincing evidence” that Combs posed a danger to the community. He said “no condition or set of conditions” could prevent the risk that Combs would obstruct the investigation or threaten or harm witnesses.

In their appeal, Combs’ lawyers argued that the judge “approved of the government’s exaggerated rhetoric” and ordered Combs’ detention on “purely speculative grounds.”

“In fact, there is little risk of escape; 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 well-known people in the world,” the lawyers wrote.

Combs’ lawyers have not asked new judge Arun Subramanian to consider bail. At a hearing Thursday, as Combs sat next to his lawyers in a beige prison jumpsuit, Subramanian indicated he would at least be willing to address the matter.

After setting a May 5 trial date, Subramanian briefly questioned Combs’ attorneys about his treatment at the Metropolitan Detention Center, which has been plagued by violence and dysfunction for years.

Combs’ attorney, Mark Agnifilo, who previously tried to have him transferred to a New Jersey prison, told the judge: “We’re trying the MDC. The MDC responded to us very quickly.”

Another Combs attorney, Anthony Ricco, told reporters outside the courthouse afterward: “He’s fine. It’s a difficult circumstance. He makes the best of the situation.”

But Ricco said, “Nobody agrees to stay in prison for now.”