A Manhattan judge on Tuesday ordered federal prosecutors to destroy records of notes taken from Sean “Diddy” Combs’ jail cell.
Manhattan federal court Judge Arun Subramanian issued the directive following a court hearing attended by Combs after his lawyers complained about federal authorities photographing personal notes from his cell during a sweep.
Multiple federal agencies conducted a massive contraband sweep at MDC Brooklyn starting on Oct. 28 as part of an ongoing effort to clean up the troubled jail, which saw two stabbing murders in a six-week period this summer.
Sources described the operation, run by the federal Bureau of Prisons, as a show of force, complete with contraband-sniffing dogs, an FBI mobile command center parked outside the Sunset Park jail, and security screenings of defense lawyers as they exited.
On Nov. 1, BOP officials announced that federal agents identified and confiscated several electronic devices, drugs and associated paraphernalia, and homemade weapons.
The feds on Combs’ case revealed they’d come into possession of the notes in written arguments opposing his latest request for release on Friday, accusing him of witness tampering and making efforts to pay off people who may take the stand against him.
In court Tuesday, Combs’ lawyer, Marc Agnifilo, said the papers contained information subject to attorney-client privilege and demanded CCTV of the raid. He said Combs had written the word “legal” on the stack that was seized and argued there was no reason for an investigator — who prosecutors said did not confer with them — to search through papers to look for cell phones, weapons or drugs.
“Virtually every single thing in these legal pads are matters he discusses with his attorneys,” the defense attorney said, calling the seizure “a complete institutional failure.”
Assistant U.S. Attorney Christy Slavik countered that the investigator who looked through the cell independent of the prosecution’s work was tasked with making sure Combs was in compliance with jail rules, which she said Combs “was not.” She said the paperwork taken included notes by Combs about finding “dirt” on witnesses.
Slavik said no members of the prosecution team were aware of, involved in, nor made any requests to the investigator who carried out the search. She said labeling something as “legal” did not, on its face, make it subject to attorney-client privilege and that a filter team had reviewed them for anything out-of-bounds.
The prosecutor said the materials were obtained pursuant to the Manhattan U.S. attorney’s ongoing covert investigation into Combs and his associates and that they didn’t concern his communications with his lawyers but, in addition to a note about finding dirt on witnesses, related to his family members, financial advisers, birthdays, and “inspirational quotes” that “have nothing to do with this case at all.”
Subramanian, who will rule on the defense claims after receiving written arguments from the two sides, told prosecutors from the Manhattan U.S. attorney’s office to email him any originals from the 19 pages that were photographed for the time being.
The 55-year-old Combs has pleaded not guilty to racketeering conspiracy, sex trafficking and interstate transportation to engage in prostitution, charges carrying a potential decades-long long sentence.
Prosecutors allege that for years, the hip-hop mogul used his business empire to facilitate the sexual abuse and coercion of women he forced to participate in violent sexual performances called “freak offs.” They say he directed and videotaped the performances and drugged his victims into compliance, and that he and associates engaged in forced labor, kidnapping, arson, bribery and obstruction of justice.
Combs, who wore tan prison clothing to Tuesday’s hearing, appeared without chains around his ankles after his legal team requested the court permit him to be unshackled.
He’s due back in court Friday when Subramanian said he wouldn’t factor the notes to be destroyed in his decision on whether to release Combs on a $50 million bond.
