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Prosecutors ordered not to use papers taken from Sean “Diddy” Combs’ jail cell at this time
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Prosecutors ordered not to use papers taken from Sean “Diddy” Combs’ jail cell at this time

NEW YORK — A federal judge on Tuesday ordered prosecutors not to use documents taken from Sean “Diddy” Combs’ prison cell until he rules on defense claims that they are documents preparation for trial protected by attorney-client privilege.

Judge Arun Subramanian issued his ruling during a hearing in Manhattan federal court after lawyers bitterly disputed the circumstances and relevance of the seizure of 19 photographed pages by an investigator inside the tycoon’s cell. music.

Combs, who has pleaded not guilty to all charges, is accused of coercing and mistreating women for years with the help of a network of associates and employees.

The seizure took place during what the government described as a multi-day search of all cells at the Brooklyn Metropolitan Detention Center, intended to remove any weapons or contraband as part of an anti-violence measure.

Defense attorney Marc Agnifilo said he could ask the judge to dismiss the indictment or to recuse prosecutors if the judge rules the documents were improperly obtained and used.

Combs, who hugged his attorneys when he first entered the courtroom, carried a stack of papers as he was led away at the end of the hearing.

Agnifilo said he did not know that the papers in Combs’ cell had been photographed by a Bureau of Prisons investigator and given to prosecutors until he saw them cited in written arguments opposing his $50 million bail proposal. A bail hearing is scheduled for Friday.

He said two references to the documents were made as prosecutors argued Combs had continued to commit crimes since his arrest in September.

Prosecutors said Combs orchestrated social media campaigns aimed at tainting the jury pool, attempted to publicly leak documents he thought would help his case and contacted potential witnesses through third parties.

Assistant U.S. Attorney Mary Slavik said the seized documents were reviewed by independent government lawyers, isolated from the prosecution, to determine whether they were protected by attorney-client privilege.

They were not discussed with defense attorneys because some of them were considered related to a secret, ongoing investigation into Combs, she said.

Slavik also said prosecutors had no contact with prison officials beforehand and gave no instructions regarding a search of Combs’ cell.

Some of the photographed pages contained a to-do list and inspirational quotes as well as comments about birthdays, according to Slavik, while two excerpts concerned Combs’ payment and the discovery of damaging documents on potential witnesses.

Agnifilo said, however, that even things that seem unrelated to the case are protected by attorney-client privilege. For example, he said, attorneys talked with Combs about potential witnesses they could call.

“Everything” contained in the seized documents is subject to attorney-client privilege because Combs discussed it with attorneys, Agnifilo said.

“The government now knows of potential defense witnesses for a trial on May 5,” he added. “This has been a total failure of government.”

The judge asked each side to submit their written arguments in the coming weeks.

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