Judge Grants Diddy Legal Victory Over Claims of Prosecutor Misconduct.
A federal judge announced that he will not take into account any evidence gathered from the search of Sean “Diddy” Combs’ jail cell during the upcoming bail hearing, marking a victory for the music mogul.
Judge Arun Subramanian also ordered the prosecution to dispose of its copies of the 19 pages of notes collected during the search.
Sean Combs, 55, was present in court on Tuesday, Nov. 19, noticeably without shackles, and appeared more at ease compared to earlier hearings. He entered the courtroom dressed in a khaki jumpsuit and shared a hug with his attorneys.
A hearing was scheduled following prosecutors’ claims in a filing on Monday night that Combs’ attorney-client privilege was breached when items were taken from his cell during a Bureau of Prisons sweep. Sean Combs’ attorney described this as “outrageous government conduct” and a “violation of due process.”
Additionally, the defense argued that the seized items included notes Combs had written to his lawyers about defense strategies.
During a court session on Tuesday, Combs’ lawyer, Marc Agnifilo, mentioned, “When we visit him in jail, we have lists, everything in these pads are things we discuss. Trial strategy, who we should speak to, to undermine a witness’ credibility. We discuss everything with Mr. Combs.”
Prosecutors contended that the majority of items seized during the operation—deemed prearranged at the facility prior to Combs’ arrest—were not pertinent to the case and did not specifically target any inmates, thus lacking legal privilege.
During the hearing, Assistant U.S. Attorney Christy Slavik disclosed that the notes retrieved from Combs’ cell primarily pertained to personal topics, such as birthdays and “inspirational quotes.”
Slavik further highlighted that the “investigation is still very much active.”
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In response to the defense’s motion that led to the hearing, prosecutors clarified that the notes discovered in the cell were initially reviewed by a “Filter Team” before being handed over to the prosecution team handling Combs’ case.
Additionally, in a separate motion, Combs’ attorneys requested that he be allowed to appear in court without restraints for all upcoming court sessions.
They contended that his being seen in shackles might lead to “juror bias,” especially considering the extensive media coverage surrounding the case. Subramanian approved the request before Tuesday’s hearing.
Combs faces charges of sex trafficking, racketeering, and transportation for the purpose of prostitution after authorities claimed he orchestrated elaborate sex events known as “freak offs” and compelled women to engage with male sex workers.
The founder of Bad Boy Records has been held at the Metropolitan Detention Center in Brooklyn since his arrest in September. He has been denied bail twice by two different judges, who expressed concerns about the possibility of witness tampering.
A third bail hearing is set for Friday, Nov. 22.
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