Prosecutors ordered not to use papers taken from Sean 'Diddy' Combs' jail cell for now
A federal judge has ordered prosecutors investigating Sean “Diddy” Combs not to use papers taken from the music mogul's jail cell until he rules on defense claims that they are trial preparation materials protected by attorney-client privilege
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.A federal judge ordered prosecutors Tuesday not to use papers taken from the jail cell of Sean “Diddy” Combs until he rules on defense claims that they are trial preparation materials protected by attorney-client privilege.
Judge Arun Subramanian made his ruling at a Manhattan federal court hearing after lawyers fiercely disputed the circumstances and relevance of the seizure of 19 pages that were photographed by an investigator inside the cell of the music mogul.
Combs, who has pleaded not guilty to all charges, is accused of coercing and abusing women for years with the aid of a network of associates and employees.
The seizure came during what the government has described as a multi-day sweep of all cells at the Metropolitan Detention Center in Brooklyn, intended to remove any weapons or contraband as an anti-violence measure.
Defense lawyer Marc Agnifilo said he may ask the judge to dismiss the indictment or force a recusal of prosecutors if the judge rules that the materials were obtained and used improperly.
Combs, who hugged his lawyers when he first entered the courtroom, carried a stack of papers as he was led away at the end of the hearing.
Agnifilo said he was unaware that the papers in Combs' cell had been photographed by an investigator with the Bureau of Prisons and turned over to prosecutors until he saw them cited in written arguments opposing his $50 million bail proposal. A bail hearing is set for Friday.
He said two references to the papers were made as prosecutors argued that Combs has continued to commit crimes since his September arrest.
Prosecutors said Combs orchestrated social media campaigns aimed at tainting the jury pool, tried to publicly leak materials he thought would be helpful to his case and contacted potential witnesses through third parties.
Assistant U.S. Attorney Mary Slavik said the seized materials were scrutinized by independent government lawyers who are walled off from the prosecution to determine if they were protected by attorney-client privilege.
They were not discussed with defense lawyers because some of them were deemed to pertain to a covert and continuing investigation of Combs, she said.
Slavik also said prosecutors had no contact with jail officials beforehand and gave no instructions regarding any search of Combs' cell.
Some of the photographed pages contained a to-do list and inspirational quotes along with comments about birthdays, according to Slavik, while two excerpts pertained to Combs paying and finding damaging material about potential witnesses.
Agnifilo said, however, that even things that seem unrelated to the case are protected by attorney-client privilege. For instance, he said, attorneys have discussed with Combs prospective witnesses they might call.
“Every single thing” in the seized papers is subject to attorney-client privilege because Combs discussed them with lawyers, Agnifilo said.
“The government now knows potential defense witnesses for a May 5 trial,” he added. “This has been a complete government failure.”
The judge asked each side to submit written arguments in the coming weeks.