A federal judge on Tuesday ordered prosecutors to get rid of copies of 19 pages of notes taken from Sean “Diddy” Combs’ jail cell after his lawyers discussed the seizure violated attorney-client privilege.
Judge Arun Subramanian ruled Tuesday that the court will keep the papers while prosecutors and Combs’ lawyers submit briefs on the issue over the next few weeks.
Prosecutors have accused Combs of trying to influence witnesses while behind bars awaiting trial on racketeering, sex trafficking and transportation to engage in prostitution charges.
Combs was arrested this case and charged with sex-related crimes that prosecutors say are linked to the defendant’s music empire that he allegedly used to abuse and exploit women.
The music mogul has denied both the charges as well as prosecutors’ allegations that he’s tampering with witnesses from jail. His defense has fired back at prosecutors, accusing the government of having committed “egregious, willful and harmful breach of the attorney client privilege” by seizing papers from Combs’ jail cell that should be protected from authorities.
At Tuesday’s hearing Combs, 55, who wore olive prison clothing garb, appeared to have lost weight since his last court appearance. He smiled as he entered the courtroom but appeared to become grim as the hearing went on.
Assistant US Attorney Christy Slavik said the papers — 11 pages and eight pages of a calendar book — feature Combs’ writings about paying off witnesses and finding dirt on victims.
“A witness was paid off and finding dirt on two different victims is not privilege,” said Slavik.
She said that on Oct. 14, Combs called a family member to work with someone who is not a lawyer about finding information about an accuser.
Defense attorney Marc Agnifilo said he wants to know how prosecutors obtained the papers and to see the surveillance video showing the incident in Combs’ cell at the Metropolitan Detention Center in Brooklyn. He argued that the incident could lead to the dismissal of the indictment or the recusal of the entire prosecution team.
Slavik said the pages were obtained during a search that was part of a pre-planned sweep to address contraband and drugs. No member of the prosecution team was aware of or responsible for the search — it was conducted by the Bureau of Prisons, the US attorney told the judge.
An investigator from that agency said at Tuesday’s hearing that the search was part of an ongoing covert investigation and that the materials were received in a completely appropriate manner.
“The bottom line is that no multi-agency law enforcement initiative justified rifling through Mr. Combs’ personal handwritten notes of conversations with his lawyers, and the prosecutors’ arguments to the contrary lack all credibility,” Agnifilo wrote in a response to the court Wednesday.
Antonio Planas and David K. Li contributed.