Sean “Diddy” Combs’ attorneys responded to allegations that he is obstructing a sex trafficking case from behind bars, alleging that prosecutors improperly searched his cell and violated his right to attorney-client privilege.
Days after the government claimed that Combs was seeking to “undermine the integrity” of the case by contacting witnesses, his lawyers said it was the prosecution that made serious errors — including by seizing “notes to his counsel” about potential trial strategies.
“This search and seizure violates Mr. Combs’ instructions.” [constitutional] “Rights,” wrote Diddy’s lead attorney, Mark Agnifilo. “The targeted seizure of a pretrial detainee’s work product and privileged materials — created in preparation for trial — is egregious government conduct that amounts to a fundamental violation of due process.”
In the filing, Didi’s lawyers asked Judge Arun Subramanian to hold an immediate hearing to investigate the search and seizure, saying they wanted to ask key questions about how the operation worked.
“Who authorized the search of Mr. Combs’ sleeping area, personal effects and papers?” Agnifilo writes. “Who made the decision not to tell Mr. Combs’ attorneys that the U.S. Attorney was in possession of his notes, including ‘potentially classified materials’ until after the government had placed them in a file to keep him in prison?”
Combs, also known as Puff Daddy and P.Diddy, was one of the most powerful men in the music industry. But in September, federal prosecutors charged him with racketeering and sex trafficking in what they say was a sprawling criminal operation aimed at satisfying his need for “sexual gratification.” If convicted of all charges, he faces a possible life sentence.
On Friday, prosecutors made serious new allegations. In response to Combs’ recent efforts to get him released on bail, they said such action would still pose a serious risk of obstruction of justice. In the process, they accused Diddy of trying to communicate with witnesses, leaking favorable materials, organizing “social media campaigns” to influence public opinion and tainting the jury pool.
“The defendant has continued to engage in a relentless course of obstructive conduct designed to undermine the fairness of these proceedings,” prosecutors wrote in the filing.
In the filing, prosecutors noted that some of their evidence came in the form of notes recovered from Didi’s cell during what they called a “pre-planned nationwide sweep of Bank of Palestine facilities.” The scanning process revealed “possibly privileged material”, but prosecutors said the evidence was examined by a so-called filtering team to avoid any inappropriate material.
Attorney-client privilege exists to protect the right of an accused person to secure an effective defense from his or her attorney. They are designed to allow a defendant to be honest with their legal team, without having to worry that this material could be used against them later.
In a response Monday, Combs’ lawyers said some of the material taken from his cell was “completely privileged” and should not have been turned over to government lawyers who are prohibited from seeing it. It included “distinctive remarks by his lawyers regarding defense witnesses and defense strategies.”
“This is a matter of grave concern and must, respectfully, be addressed immediately,” Agnifilo wrote. “Because the U.S. Attorney, and prosecutors, appear to currently have privileged material, we are requesting a full evidentiary hearing as soon as the court can accommodate us.”
