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Prosecutors allege witness tampering conspiracy in Sean “Diddy” Combs case
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Prosecutors allege witness tampering conspiracy in Sean “Diddy” Combs case

Evidence found in Sean “Diddy” Combs’ jail cell suggests he influenced a witness in his New York sex trafficking and racketeering case and is trying to blackmail others, prosecutors say. They say he sought to avoid detection by the federal government by using three-way calls and the phone passcodes of other inmates.

In a motion filed Friday, federal prosecutors say Combs used covert methods to contact strangers from prison, and evidence collected shows “a clear conclusion that the defendant’s goal is to blackmail victims and witnesses , either to silence them or to provide useful testimony in his defense. An allegation that is more often found in class action lawsuits or Mexican Mafia type cases.

But in a motion filed Monday, the music mogul’s lawyers say what investigators actually seized from his cell at Brooklyn’s Metropolitan Detention Center was “attorney-client privileged material,” including handwritten notes from Combs .

“This search and seizure constitutes a violation of Mr. Combs’ Fourth, Fifth, and Sixth Amendment rights,” his attorneys wrote. “The targeted seizure of a pretrial detainee’s work product and privileged documents – created in preparation for trial – constitutes outrageous government conduct amounting to a material violation of due process.

Lawyers only learned that notes had been seized from Combs’ cell when prosecutors filed a motion 30 minutes before midnight Friday, citing them as evidence opposing his release, his attorneys wrote.

The motions to challenge come as a federal judge is expected to decide again this week whether Combs, who has been behind bars since his arrest in September, should be granted $50 million bail and placed under house arrest.

Combs has pleaded not guilty to charges of sex trafficking, racketeering and transportation to engage in prostitution. Combs and his associates are accused of luring female victims, often under the guise of a romantic relationship, and allegedly using force, threats of force, coercion and drugs to get them to engage in sexual acts with male prostitutes, what Combs called “monsters.”

Federal prosecutors on Friday reiterated their opposition to Combs being released on bail to the judge, alleging he tried to tamper with witnesses and influence potential jurors from his jail cell using his family members and said they feared his behavior would worsen outside of detention.

According to prosecutors, Combs’ notes were recovered from “the defendant’s cell during a pre-planned nationwide search of BOP facilities.”

Neama Rahmani, a former federal prosecutor, said there was a reason prosecutors believed Combs was obstructing justice from prison, a similar argument they made during a previous bail hearing , and that there was a good chance that the judge would not exclude the seized evidence.

“Inmates have no expectation of privacy in prison under the Fourth Amendment. Guards can search his cell without probable cause or a warrant,” she said, adding that there is a process for dealing with potentially privileged documents found during a search.

“Federal authorities typically use a team of ‘corrupt’ or ‘dirty’ agents who are not working on the case to conduct this research. This way, if they see privileged documents, the “clean” team will not be disqualified from the case.

In their partially redacted filing Friday, prosecutors say seized evidence shows a pattern of influence by Combs while in custody and that he made “relentless efforts to contact potential witnesses, including victims of his abuses which could provide powerful testimony against him.

They accuse Combs of using the telephone access codes, known as PAC numbers, of eight other inmates to contact multiple people – including his sons – and of making “three-way calls to contact other people.” Prosecutors also allege that Combs used a third-party communications service called ContactMeASAP to contact unauthorized individuals.

On one call, they noted, Combs showed “a strong inference to be drawn from defendant’s communications with Witness-2 and her personal notes are that defendant paid Witness-2 after she published his statement.

Prosecutors also cited an October call between Combs and one of his sons. Although the specific language of the call was redacted, prosecutors argued that it “provides a clear conclusion that the defendant’s goal is to blackmail victims and witnesses either into silence or to provide useful testimony in his defense.