Lawyers for Sean “Diddy” Combs are asking a judge to schedule an immediate evidentiary hearing after materials were seized from his jail cell.
Lawyers for the embattled music mogul slammed “outrageous government conduct,” noting that prosecutors are in possession of his “privileged notes to his lawyers concerning defense witnesses and defense strategies,” per a filing obtained by USA TODAY on Monday.
Prosecutors argued in a Friday filing that Combs’ latest bail request should be denied because he’s allegedly attempting to obstruct the case with “social media campaigns that are, in his own words, aimed at tainting the jury pool.”
The filing included redacted notes, found by Bureau of Prisons investigators during a jail sweep, which prosecutors alleged are evidence Combs paid a witness to post in support of him on Instagram.
On Monday, Combs’ attorneys said they did not learn until Friday that his notes were taken from his jail cell, after which they were allegedly given to the U.S. Attorney’s Office and then to trial prosecutors. The rapper’s legal team claims prosecutors “used this material in a filing to keep Mr. Combs detained.”
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The music mogul’s legal team described the “targeted seizure” as a “due process violation” and asked Judge Arun Subramanian to schedule an evidentiary hearing, through which the government can answer questions about how the search was conducted and what materials were obtained.
USA TODAY has reached out to the U.S. Attorney’s Office for comment.
Combs is currently incarcerated at the Metropolitan Detention Center in Brooklyn, New York, after he was arrested in September on allegations of racketeering, sex trafficking and transportation to engage in prostitution. He has pleaded not guilty.
Earlier this month, Combs’ legal team filed another bid — their fourth attempt overall — for the hip-hop mogul to be freed from jail by proposing what they called “an extremely substantial, comprehensive bail package.” Combs’ previous attempts to be released from jail on bond have been denied by multiple judges.
Sean ‘Diddy’ Combs again requests release from jail
In a Nov. 8 filing, Combs’ attorneys added more conditions to their previous bond proposals to argue he is not a flight risk. They also denied he’s a danger to society by suggesting the government’s evidence of his alleged crimes do not hold as much “weight” as they’ve suggested.
Combs’ team also argued his detention “makes trial preparation impossible” due to his inconsistent access to his legal counsel and evidence being presented against him.
Similar to Combs’ prior bail proposals, the renewed motion offers a $50 million bond secured by the equity in Combs and his mother’s Florida homes, implementation of a 24/7 monitoring service by approved security personnel, no internet or phone access for Combs outside of meetings with legal counsel, a pre-approved visitor list consisting of select family members and surrendered passports belonging to the rapper and his family.
The bid also mentioned Combs being willing to participate in “full home detention” at either his $48 million Miami home “or at a suitable location in New York.” His family visits would be monitored by his assigned security, and Combs would be subject to “testing for a prohibited substance” as needed.
A status conference in Combs’ case is scheduled for Tuesday afternoon.
Contributing: Jay Stahl and KiMi Robinson, USA TODAY
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