Diddy’s Lawyers File Appeal Accusing Judge Of Acting As ‘Thirteenth Juror’

Sean “Diddy” Combs‘ legal team has filed a new appeal accusing Judge Arun Subramanian of acting as the “thirteenth juror” in his criminal trial instead of the judge.

Diddy’s lead counsel called for his “immediate release” from prison, arguing that the court determined his 50-month sentence following his conviction on two counts of prostitution related charges with “heavy reliance on acquitted conduct.”

Meanwhile, Sean “Diddy” Combs has made headlines in recent times for violating a few prison rules, including allegedly drinking alcohol behind bars.

Diddy’s legal team has filed a new appeal that somehow targets Judge Arun Subramanian, escalating their fight against what they describe as his “draconian” 50-month sentence.

In court documents filed by Lead Appellate Alexander Shapiro, Diddy’s team accused the presiding judge of having acted as a “thirteenth juror” in the rapper’s criminal trial by handing down a sentence “based on the very allegations of coercion and other acquitted conduct the jury had rejected.”

Shapiro demanded that Judge Subramanian effect Diddy’s “immediate release” from prison, and added that the Court “either grant a judgment of acquittal or vacate and remand for resentencing.”

In the filing, Shapiro alleged that Diddy’s constitutional rights were violated as the court incorrectly said it would consider the more violent charges of sex trafficking and racketeering even though the music mogul was acquitted of them.

She stated that the court ignored the verdict when it “insisted it needed to impose a ‘serious sentence’ reflecting the ‘aggravating factors that I have addressed,’ especially ‘the coercion.'”

A rep for the Bad Boy Entertainment founder said in a mail to Rolling Stone that the filing “argues that the district court imposed a record-setting sentence by relying on conduct the jury explicitly rejected, in direct conflict with the 2024 Sentencing Guidelines and core constitutional principles.”

They added, “The filing asks the appellate court to vacate the sentence and order immediate release, or alternatively to reverse the convictions or remand for lawful resentencing limited strictly to the offenses of conviction.”

Diddy initially faced charges relating to sex trafficking, racketeering, and transportation to engage in prostitution. However, he was acquitted of the first two charges and found guilty on two counts of the prostitution related charge.

He endured months of a gruelling trial where some of his alleged acts came to light, including physical assaults of his ex-girlfriends, as well as hosting “freak-offs” where male prostitutes are made to sleep with his partners while he directs and watches.

Shapiro’s filing presents “a separate and independent basis for overturning Combs’s convictions” as she argued that his First Amendment rights were violated by the court as a”consumer of the sexual performances that took place during freak-offs and hotel nights.”

They claim the “Bad Boy For Life” rapper was only “an observer and producer,” adding that he did not have sex with the parties that participated in the orgies he filmed.

Diddy already spent one year at the Metropolitan Detention Center in Brooklyn following his arrest in September 2024.

After his sentencing, he asked for Judge Subramanian to transfer him to FCI Fort Dix in New Jersey so he could be close to his family and also attend to his drug addiction issues.

However, he made headlines for violating some of the prison’s rules by getting involved in a 3-way conference call, as well as making himself a homemade alcohol using Fanta, sugar, and apples, and then leaving it to ferment for two weeks.

At the time, reports suggested that prison officials considered moving him to another section but eventually allowed him to stay put.

According to People Magazine, a spokesperson for the rapper later denied the alcohol claims, saying Diddy “has not violated any prison rules” and that “his sobriety and self-discipline are priorities, and he is taking them seriously.”

“This is only his first week at FCI Fort Dix, and unfortunately, rumors will surface throughout his time there,” the spokesperson continued. “We ask the public and the press to give him the benefit of the doubt, the privacy to focus on his personal growth, and the grace to move forward in peace.”

Diddy’s proposed release date was slated for May 8, 2028, but the federal Bureau of Prisons records show that it had since changed to June 4, 2028.

While it coincides with his alleged prison violations, it remains unclear the reason for the change.