A suddenly called hearing tomorrow in incarcerated Sean “DIddy” Combs’ sex trafficking case could prove a vital inflection point for next year’s trial and a U.S. Attorney’s office about to get a new boss.
In a late November 15 filing, current U.S. Attorney Damian Williams revealed prosecutors had prison notes and recordings of the “I’ll Be Missing You” singer’s alleged “relentless efforts” to pay off potential witnesses, making non-permitted outside calls and trying to shut down other potential witnesses.
“After the defendant was in custody, BOP (Bureau of Prisons) investigators recovered the …notes from the defendant’s cell during a pre-planned nationwide sweep of BOP facilities,” the feds insisted late last week (read it here), and assert that the material was gone through by an independent “Filter Team” and privileged information was reviewed.
Still, Combs’ defense team today are screaming Constitutional violations.
“Defense counsel has recently learned that the prosecutors are in possession of attorney client privileged material, including the defendant’s own written notes,” defense attorneys Marc Agnifilo and Teny Geragos wrote to Judge Arun Subramanian early Monday (read the Combs’ defense letter here) of their infamous 55-year-old client, who faces life behind bars if found guilty in a trial set to start on May 5, 2025.
After an explosive and quickly settled rape and abuse suit from ex-girlfriend Cassie Ventura last year, and an every growing list of civil cases, Diddy was arrested on September 16 in the lobby of a New York City hotel. Charged with racketeering, sex trafficking and transportation to engage in prostitution in his drug fueled and videotaped self-described “freak offs,” Combs was immediately tossed in Brooklyn’s hardcore Metropolitan Detention Center.
Even with promising to put up a bail of $50 million, promising home detention and not talk to anyone but family and his lawyers, Combs has struck out twice already in his desire for pre-trial release. A third bond hearing is set for November 22, but tomorrow’s session could override that if Judge Subramanian decides so. Or not — in their November 15 filing, the prosecutors cite their previously successful arguments against releasing Diddy as well as the reinforcement they say the new Bureau of Prison obtained material reveals.
Combs’ lawyers certainly want to push the judge in the direction of letting their client out, even if they need to wrap him in the flag to get there.
“This search and seizure are in violation of Mr. Combs’ Fourth, Fifth and Sixth Amendment rights,” the lawyers added, successfully seeking a November 19 hearing on the matter of the material removed from the much accused Combs’ cell. “Moreover, the targeted seizure of a pre-trial detainee’s work product and privileged materials – created in preparation for trial – is outrageous government conduct amounting to a substantive due process violation.”
Prosecutors have just over an hour left Monday to respond to the NYC-based court.
Judge Subramanian has said “the Court will hold a hearing on this matter tomorrow, November 19, 2024, at 3:00 PM in Courtroom 15A of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, unless the parties mutually agree to a remote conference instead.”
“While attempting to evade law enforcement monitoring, the defendant has, among other things, orchestrated social media campaigns that are, in his own words, aimed at tainting the jury pool; made efforts to publicly leak materials he views as helpful to his case; and contacted witnesses through third parties,” the feds claim in a heavily redacted opposition to Combs’ third and latest bail efforts.
More sinisterly, an almost totally redacted October 4 call involving the imprisoned Combs and “one of his adults sons” has “the clear inference that the defendant’s goal is to blackmail victims and witnesses either into silence or providing testimony helpful to his defense.”
“The Government did not previously disclose these recordings due to its ongoing investigation, but is doing so now given the recent escalation in the defendant’s efforts to influence the jury pool in this criminal case,” prosecutors state in a slightly redacted footnote in their 30-page filing, which is backed by copious exhibits.
Still, the SDNY Attorney’s office has not responded to Judge’s demand. Soon to be led by Donald Trump nominee and ex-SEC chair Jay Clayton, the office itself has also not replied to request from Deadline for comment. If and when the prosecutors says something, this post will be updated.
Things have been going from bad to worse, for Combs since his arrest two months ago.
First there was the arrest itself, then the duel denial of pre-trial release, and, as the civil cases piled up, a series of stumbles by the once legendary marketer to take control of the narrative around his alleged crimes. Earlier this month, Combs and his defense team lost out on a big swing when Judge Subramanian denied their motion for a gag order on witnesses and others in both his criminal case and the dozens of civil cases against him.
There could be a repeat of that Tuesday.