Sean “Diddy” Combs is fighting tooth and nail against the government, leveling accusations that prosecutors are using his private writings against him – a move his defense calls an “outrageous violation” of his constitutional rights.
Attorneys for Diddy are seeking an emergency evidentiary hearing, alleging that notes seized from his jail cell during an October 28 raid at the Metropolitan Detention Center in Brooklyn were not only wrongfully taken but are now being used against him.
“This search and seizure are in violation of Mr. Combs’ Fourth, Fifth and Sixth Amendment rights. Moreover, the targeted seizure of a pre-trial detainee’s work product and privileged materials – created in preparation for trial – is outrageous government conduct amounting to a substantive due process violation,” said Marc Agnifilo, Diddy’s lawyer.
The drama unfolded during a multi-agency sweep aimed at rooting out contraband across federal correctional facilities, specifically targeting illicit substances, weapons, and electronic devices.
The weeklong operation, which occurred at the Brooklyn jail where Diddy is being held, was part of an interagency effort by federal and state law enforcement agencies to enhance safety, according to the Bureau of Prisons.
They said the sweep was preplanned and not initiated in response to any particular threat.
During this comprehensive search, notes belonging to Diddy were discovered in his cell.
Prosecutors acknowledged recovering materials that “possibly contained privileged information” but stated the seized papers were reviewed by a separate “Filter Team” before being examined by trial prosecutors.
However, Diddy’s defense asserts that these notes were confidential communications for his legal team, including defense strategies and potential witness information.
“This is a matter of grave concern that, most respectfully, must be addressed immediately,” Agnifilo added. “The defense had never been told that Mr. Combs’ notes were taken from his cell, that these notes were given to the U.S. Attorney’s Office and these notes were then given to the trial prosecutors in this case, who then used this material in a filing to keep Mr. Combs detained,” Agnifilo added.
Agnifilo was referring to the government’s allegations that the notes contained damning evidence, including information claiming that Diddy paid off Kalenna Harper to release a favorable statement after fellow Dirty Money member Dawn Richard sued the disgraced mogul.
Diddy’s legal team argues that law enforcement overstepped boundaries when they seized and handed these notes to the U.S. Attorney’s Office.
Agnifilo emphasized that the defense had not been informed about the seizure until the government used the documents to oppose Diddy’s bail request just minutes before midnight on November 15.
The trial team’s access to these materials, which allegedly detail critical aspects of his defense, has caused an uproar within the defense camp.
Agnifilo called for an immediate hearing, asking for a full accounting of the materials taken, the sequence of decisions leading to their use in court, and who made those choices.
Diddy is accused of several crimes allegedly committed between 2008 and the present.
The mogul was arrested on September 16 and charged in a three-count indictment with racketeering conspiracy, sex trafficking, and transportation to engage in prostitution.
The feds also claim Diddy has been up to no good since his incarceration at MDC lockup in Brooklyn.
They claim Diddy has been accused of paying off inmates to use their PAC numbers to make secret phone calls, using family members to make three-way calls and sending hundreds of encrypted messages using an app called ContactMeASAP.
Diddy’s 5th bond hearing is scheduled for November 22.