Prosecutors allege that Sean ‘Diddy’ Combs Combs used covert methods, including three-way calls and other inmates’ phone access codes, to contact individuals outside the facility, influence witnesses and engage in blackmail in his ongoing sex trafficking and racketeering case.
Prosecutors argued in a motion filed Friday that the material recovered from Combs’ Metropolitan Detention Center cell in Brooklyn suggests efforts to silence victims or secure favourable testimony. “The clear inference that the defendant’s goal is to blackmail victims and witnesses either into silence or provide testimony helpful to his defense. An allegation that is more often seen in mob trials or Mexican Mafia-style cases,” they stated.
Prosecutors cited Combs’ “relentless efforts to contact potential witnesses” and the potential for further obstruction of justice if released.
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Combs’ attorneys, however, fired back on Monday, asserting, “This search and seizure are in violation of Mr. Combs’ Fourth, Fifth, and Sixth Amendment rights.”
“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.”
Combs’ legal team challenges prosecution’s use of seized notes
Prosecutors maintain that they adhered to protocol by involving a “filter team” to review the items seized. This team redacted potentially privileged content before providing information to the prosecution team. They also claimed that their actions complied with legal standards and that nothing privileged had been improperly accessed.
The legal battle over the seized notes has intensified ahead of a federal judge’s decision on whether Combs should be granted $50 million bail and released to house detention. Combs has been in custody since his September arrest, pleading not guilty to charges of sex trafficking, racketeering, and facilitating prostitution.
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Prosecutors argue that releasing him would increase risks of witness tampering and jury influence, citing evidence of his alleged attempts to contact victims and witnesses from prison. They also accused Combs of using third-party services, such as ContactMeASAP, and PAC numbers belonging to other inmates to communicate with unauthorized individuals. Specific examples included a phone call with “Witness-2” that prosecutors believe revealed payments intended to influence testimony.
Neama Rahmani, a former federal prosecutor told Los Angeles Times, “Inmates don’t have a Fourth Amendment expectation of privacy in prison. Guards can search his cell without probable cause or a warrant.”
