Judge denies Diddy’s request to silence all potential witnesses in his case

Sean Combs, popularly known as P. Diddy or Puff Daddy

A federal judge on Friday rejected Sean “Diddy” Combs’ attempt to silence all potential witnesses in his criminal sex trafficking case, saying his concerns did not outweigh an alleged victim’s right to freedom of speech.

Combs’ team requested a gag order to keep potential witnesses and their attorneys from speaking publicly after more than a dozen civil lawsuits were filed alleging sexual assault and following media interviews a witness gave after appearing before the grand jury had appeared.

Judge Arun Subramanian said he is balancing Combs’ right to a fair trial with the First Amendment rights of his alleged victims.

“Not all alleged victims will participate in this case, and a blanket restriction on their speech will silence individuals who may never have anything to do with the proceedings here. And in any event, less restrictive alternatives must be considered and rejected before imposing restrictions on speech,” Judge Subramanian wrote in the order.

The order comes as Combs’ legal team filed a new request to seek release from prison based on new information, they say, that undermines prosecutors’ allegations that Combs coerced women and others to participate of drug-fueled, days-long sex acts.

Combs has pleaded not guilty to the charges and has said the allegations in the civil lawsuits, which include abuse of minors, are “absolutely false.”

Combs was denied bail twice, first by the magistrate judge before whom he appeared, and again by the judge assigned the case. That judge retaliated and the case was transferred to Judge Subramanian.

Prosecutors have argued that Combs poses a physical threat to witnesses and victims, and engages in witness tampering by having contact with certain individuals involved in the case.

In a lawsuit with numerous redactions, Combs’ attorneys argue that the information they obtained from prosecutors “denies” the government’s claim that there is a second victim — in addition to “Victim 1” identified in the indictment — and the attitude of the prosecutors weakened. charge of witness tampering.

“The new material shows that the government previously misrepresented the weight of the evidence. And it undermines the government’s claim that Mr. Combs poses a danger,” Combs’ attorneys wrote to the judge.

Combs’ legal team said there is evidence that undermines the core allegation that he trafficked his former long-term girlfriend, identified as Victim 1 in the indictment.

“The government has adopted Victim 1’s allegations, but the case requires her potential testimony, which will be refuted by years of written correspondence and other documentary evidence.”

Combs’ attorneys also argued that conditions at the Metropolitan Detention Center, where he is housed, make it difficult to prepare for trial. During a recent federal prison breach, they said, guards seized Combs’ pens.

“Officers went through his personal notes and left them scattered, disorganized and disorganized. These notes include his work product and notes reflecting communications with counsel. The officers also confiscated Mr. Combs’ pens, preventing him from taking further notes while reviewing the discovery or during telephone consultations,” they wrote.

Combs’ team proposed a bail package similar to packages previously rejected by the judges. In addition to the $50 million bond co-signed by Combs, his mother, the adult sons and others, they are proposing house arrest with GPS monitoring and 24/7 monitoring by private security.

Under the latest proposal, visitors would be limited to Combs’ attorneys and family members. In his previous bail proposal, Combs did not seek to bar employees, friends or others from visiting.

Combs’ lawyers compared his proposed package to a deal prosecutors agreed to with the Eastern District of New York in the sex trafficking case against the former Abercrombie & Fitch CEO, who was released on a $10 million bond.