A federal judge said on Tuesday that he would not consider evidence obtained during a sweep of American music mogul, Sean “Diddy” Combs’ jail cell at his upcoming bail hearing, representing a win for the rapper.
LEADERSHIP recalls that the hearing was called after prosecutors made accusations in a Monday night filing that Combs’ attorney-client privilege had been violated when items were seized from his cell during a Bureau of Prisons sweep, which the mogul’s attorney called “outrageous government conduct” and “due process violation.”
Judge Arun Subramanian ruled that the prosecution will need to destroy its copies of the 19 pages of notes obtained after the sweep.
Combs appeared in court notably without shackles on Tuesday, looking seemingly more relaxed than at previous hearings as he walked into court wearing a khaki jumpsuit and hugged his attorneys.
The defense had also claimed that the seizure included notes Combs had written to his lawyers concerning defense strategies.
“When we visit him in jail, we have lists,” Combs’ attorney Marc Agnifilo said in court Tuesday.
“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 argued that most of the items taken during the sweep, which the government claimed was preplanned at the facility before Combs’ arrest, was unrelated to the case and did not target specific inmates.
Assistant U.S. Attorney Christy Slavik revealed during the hearing that the notes taken from Combs’ cell were mostly related to personal matters, including birthdays and “inspirational quotes.”
Slavik also emphasised during the hearing that the “investigation is very much ongoing.”
In their response to the defense filing that sparked the hearing, prosecutors said the notes found in the cell were first vetted by a “Filter Team” before they were given to the team prosecuting Combs’ case.
In a separate defense filing, Combs’ lawyers also requested that he appear in court unshackled “for all future court appearances.”
They argued that his appearance in shackles could potentially create “juror bias,” given the amount of press coverage the proceedings have received.
Subramanian had granted the request before Tuesday’s hearing.
Combs is charged with sex trafficking, racketeering and transportation to engage in prostitution after authorities alleged he organised highly orchestrated sex performances called “freak offs” and forced or coerced women to participate with male sex workers.
He has been incarcerated at the Metropolitan Detention Center in Brooklyn since his September arrest.
The music mogul has so far been denied bail twice by two different judges who cited concerns of potential witness tampering.
A third bail hearing is currently scheduled for Friday, November 22.
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