A US judge has ordered prosecutors to destroy their copies of handwritten notes that Sean 'Diddy' Combs took in jail, pending a decision on whether they can be used in preparation for the rapper and producer's sex trafficking trial.
During a hearing in Manhattan Federal Court on Tuesday, US District Judge Arun Subramanian said prosecutors should not consult the notes while he considers the defence argument that they were subject to attorney-client privilege, a legal doctrine that safeguards confidential communications between lawyers and their clients.
"Get rid of them," Judge Subramanian instructed the prosecutors.
Combs, 55, was arrested in September on charges accusing him of using his business empire including record label Bad Boy Entertainment to transport women and male sex workers across state lines to take part in recorded performances called "Freak Offs".
He has pleaded not guilty.
The music mogul is scheduled to go on trial starting on 5 May 2025 on three felony counts: racketeering conspiracy, sex trafficking, and transportation to engage in prostitution.
Combs's lawyers have said the sexual activity described in the indictment was consensual.
Prosecutors with the US Attorney's office in Manhattan received photographs of the notes that an investigator took during a search of Combs's cell during a broad, pre-planned sweep on 28 October by various federal agencies at the Metropolitan Detention Center in Brooklyn.
The prosecutors have alleged that Combs wrote about paying off potential witnesses and uncovering information about them.
They said that could amount to obstruction of justice, meaning attorney-client privilege should not apply.
"The information at issue is not protected," prosecutor Mary Slavik said at the hearing.
She said prosecutors were still investigating the case and may bring more charges.
Marc Agnifilo, a lawyer for Combs, said the notes concerned defence witnesses and strategies.
Agnifilo called the seizure of the notes a violation of Combs's right to a fair trial and the protection against self-incrimination and unreasonable searches and seizures under the US Constitution.
"This has been a complete institutional failure," Agnifilo said.
Judge Subramanian said he would keep a copy of the notes until he determines whether prosecutors have a right to use them to build their case.
The judge said a separate team within the US Attorney's office responsible for screening documents for attorney-client privilege could keep them.
Separately, Combs is seeking to be released on $50 million bail backed by his $48 million Florida mansion and co-signed by several family members.
He has been denied bail three times with multiple judges citing a risk that he might tamper with witnesses.
A hearing is scheduled on the bail application for Friday.
Prosecutors agreed on Tuesday that Judge Subramanian should not consider the contents of Combs's notes in deciding whether to release him.
Source: Reuters
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