Lawyers for Sean “Diddy” Combs are fighting back against allegations that he obstructed his sex-trafficking case behind bars, arguing that prosecutors improperly searched his cell and violated his right to attorney-client privilege.
Days after the government claimed Combs sought to “undermine the integrity” of the case by contacting witnesses, his lawyers said it was the prosecution that made serious mistakes — including seizing “notes to his attorneys” about potential trial strategies.
“This search and seizure is in violation of Mr. Combs” [constitutional] rights,” writes Didi's lead attorney Marc Agnifilo. “The targeted seizure of a pretrial detainee's work product and privileged materials – created in preparation for trial – is outrageous government conduct amounting to a substantial violation of due process.”
In the deposition, Didi's lawyers ask Justice Arun Subramanian to immediately hold a hearing to investigate the search and seizures, saying they want to ask key questions about how the process unfolded.
“Who authorized a search of the sleeping area, personal belongings and documents of Mr. Combs?' Agnifilo writes. “Who made the decision not to tell the lawyer of Mr. Combs that the U.S. Attorney had possession of his notes, including “potentially privileged material” until the government filed them to keep him in prison?'
Combs, also known as Puff Daddy and P. Diddy, was once one of the most powerful men in the music industry. But in September, he was indicted by federal prosecutors on extortion and sex-trafficking charges for an extensive criminal enterprise aimed at satisfying his need for “sexual gratification.” If convicted of all charges, he faces a possible life sentence.
On Friday, prosecutors filed serious new charges. Responding to Combs' latest bid to be released on bail, they said such an action would still pose a serious risk of obstruction of justice. In the proceedings, they accused Deedy of trying to approach witnesses, leak favorable material and orchestrate “social media campaigns” to sway public opinion and sway the jury pool.
“The defendant has continued to engage in a relentless course of obstructive behavior intended to undermine the integrity of these proceedings,” the prosecution wrote in the filing.
In the deposition, prosecutors noted that some of their evidence came in the form of notes recovered from Didi's cell during what they called “a premeditated nationwide sweep of BOP facilities.” The scan turned up “potentially privileged material”, but prosecutors said the evidence had been screened by a so-called filter team to avoid any inappropriate material.
The attorney-client privilege exists to protect a defendant's right to secure effective defense from his attorneys. It is designed to allow a defendant to be candid with their legal team without having to worry that such material may later be used against them.
In Monday's response, Combs' lawyers said some of the materials taken from his cell were “absolutely privileged” and should not have been turned over to government lawyers who are barred from seeing them. They included “privileged notes to his attorneys about defense witnesses and defense strategies.”
“This is a matter of grave concern that, respectfully, must be addressed immediately,” Agnifilo writes. “Because the U.S. Attorney, and it appears the trial prosecutors, currently have privileged material, we are requesting a full evidentiary hearing as soon as the Court can accommodate us.”
