Notes taken from Sean “Diddy” Combs’ New York jail cell contained reminders of family members’ birthdays and “inspirational quotes,” and are therefore not bound by attorney-client privilege, prosecutors have said.
During an emergency hearing at a federal court in Manhattan on Tuesday, lawyers argued whether the labeling of notebooks, photographed by workers from the Bureau of Prisons in the music mogul’s cell, were relevant.
It comes after defense attorneys said on Monday that prosecutors had acknowledged they possess "possibly privileged materials, such as the notes recovered from the defendant’s cell,” following a recent search.
The defense called the search of Combs’ cell and seizure of personal items and paperwork an "outrageous government conduct amounting to a substantive due process violation." They also asked for the issue to be "addressed immediately."
During the Tuesday hearing, Combs’ lawyer Marc Agnifilo claimed that the BOP’s sweep of his prison cell had been a “pretext” for prosecutors to obtain the legal notes, and that 19 pages were recovered and turned over to prosecutors, according to reporters present in the courtroom.
Assistant US Attorney Christine Slavik said that a notebook from which excerpts were taken had been labeled “Things To Do” and not “Attorney Client” – referring to the legal privilege between Combs and his lawyers.
“We are not required to notify the defense of our ongoing investigation of criminal conduct,” she said according to reporters. “We received these materials in an appropriate channel. Whenever we get new information, if there’s reason to believe there’s privilege, it goes to the filter team.”
The books also contained “action items for non lawyers” Slavik added. “That’s not privileged. There’s information about family members’ birthdays – also not privileged,” she said, per those present.
Agnifilo reportedly shot back: “When we visit [Combs] in jail, we have lists. Everything in these pads are things we discuss; trial strategy, who we should speak to to undermine a witness’ credibility. We discuss everything with Mr Combs.”
He continued: “We are studying this man’s life for our bail application… We spend time on every nook and cranny of his man’s life. Mr Combs comes out and reads us his to-do list. That is privileged.
“The 19 pages include things we have said to him. The name of a potential witness, a retired doctor. Now they have that. This is in the heartland of attorney-client [privilege].”
Tuesday’s hearing comes after prosecutors accused Combs of blackmailing victims and witnesses from inside his jail cell by communicating with family members using fellow inmates’ phones.
The music mogul allegedly called up family members, urging them to reach out to potential victims and create “narratives” and made "relentless efforts" to "corruptly influence witness testimony,” court documents claimed.
Prosecutors made the allegations as part of a motion filed on Friday in which they urged a Manhattan judge to reject Combs’ latest $50 million bail proposal.
That hearing – the third brought Combs’ legal team – is set for Friday.
Combs, who founded Bad Boy Records, has pleaded not guilty to charges that he coerced and abused women for years with the aid of a network of associates and employees, while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.
