Diddy has called witnesses from jail, prosecutors say

Sean “Diddy” Combs broke prison rules by contacting potential witnesses in his upcoming sex trafficking trial, prosecutors allege.

The music mogul is accused of making “relentless attempts” to “corruptly influence witness testimony”, using other inmates’ phone accounts and making three-way calls to talk to people not on his approved contact list.

Prosecutors said an examination of recorded conversations also showed that Mr. Combs had instructed his family to contact potential witnesses in his case, they said in a court filing.

The 55-year-old rapper, who has pleaded not guilty to all charges and vehemently denied any wrongdoing, appeared in court Tuesday as a judge weighed the new evidence, some of which was found in a notebook in his jail cell.

During Tuesday’s hearing, a judge ordered that prosecutors destroy copies of materials seized from Combs’ jail cell while the judge weighed whether they could be used in court.

Judge Arun Subramanian, who is overseeing the case, ruled that the U.S. Attorney’s Office for the Southern District of New York cannot use the material or excerpts from it during Combs’ upcoming bail hearing on Friday. The judge said he would examine the materials and consider whether they could be used at trial.

Combs’ defense team alleged that prosecutors illegally seized his personal notes during a search of his jail cell at the Metropolitan Detention Center in Brooklyn, where he had been held in the lobby of a Manhattan hotel since his arrest on September 16 . They argued that some of the materials contained detailed information that is protected under attorney-client privilege, which shields information discussed between a client and an attorney.

The government explained that a “filter team” sifted through all materials before giving them to prosecutors. “The information in question is not protected,” prosecutor Mary Slavik said during the hearing. They argued that the information could be considered obstruction of justice and would nullify the typical protections of attorney-client privilege.

The musician, best known for 1990s hits such as I’ll Be Missing You and Mo’ Money, Mo’ Problems, has been denied bail since his arrest, with several judges citing the risk he could tamper with witnesses. He is currently in custody in Manhattan.

His lawyers made a renewed bid for bail last week, proposing a $50 million (£39.6 million) package that would see Combs monitored 24 hours a day by security staff while he was under house arrest.

Defense attorney Alexandra Shapiro argued that it was impossible for the musician to prepare for a trial from behind bars due to the “incredibly voluminous” amount of material to review, especially without a laptop.

She also said his preparation has been hampered by prison conditions, which include frequent lockdowns and officers taking away the pens he uses to take notes.

Detention deprives Mr. Combs of “any real opportunity” to be ready for trial and violates his rights under the U.S. Constitution, Shapiro said.

In response, prosecutors argued that the bail request should be denied because Mr. Combs “poses serious risks of endangering and obstructing these proceedings.”

In court documents, they accused the star of orchestrating social media posts to “influence a potential jury pool” during his trial.

Among these efforts, they cited an Instagram statement posted by a woman known only as “witness two,” contradicting singer Dawn Richard’s allegations in a civil lawsuit against Mr. Combs.

Prosecutors alleged her statement was co-written with Combs during “multiple text messages” and “multiple phone calls” from jail.

They further claimed that there was a “strong inference” that Mr. Combs “paid witness two, after she posted her statement.”

A video posted by the star’s seven children on November 5 was also cited as evidence of a “public relations strategy to influence this case”.

The video, reported by multiple media outlets, showed the family wishing Mr. Combs a happy birthday during a jailhouse phone call.

“The defendant then monitored the analytics – that is, audience involvement – ​​and explicitly discussed with his family how to ensure that the video in this case had the desired effect on potential jurors,” prosecutors said.

Mr. Combs was also accused of using the phone accounts of at least eight other inmates to make phone calls, in violation of prison rules; and of “directing others” to orchestrate payment for this access.

Prosecutors characterized Mr. Combs as engaging in a “ruthless” scheme to “contact potential witnesses, including victims of his abuse who could provide powerful testimony against him.”

‘Unheimical ability’

Prosecutors urged the judge to deny Mr. Combs’ bail request, writing that “no set of conditions” could eliminate the potential risks to the trial.

“The defendant has demonstrated an uncanny ability to influence others to do his bidding – employees, family members and (prison) inmates alike,” they alleged.

“There is no reason to believe that private security personnel would be immune.”

Prosecutors also rejected criticism of conditions at the Metropolitan Detention Center in Brooklyn, with reference to an interview from the star’s lawyer, Marc Agnifilo, who said that “eating is probably the hardest part” of Mr. Combs’ adjustment to life behind bars.

The BBC has contacted its legal team for comment.

Combs’ legal troubles began last November, when his ex-partner Cassandra “Cassie” Ventura filed a civil lawsuit alleging incidents of rape and physical assault between 2007 and 2018.

Although the case was quickly settled out of court, it led to a wave of similar accusations and an investigation by the US government.

The star’s properties were raided by federal agents in March and he was arrested in New York in September.

Mr. Combs was charged with three counts of sex trafficking and racketeering in a federal indictment detailing allegations of days-long, drug-fueled sexual performances dubbed “Freak Offs.”

The musician is simultaneously facing more than 20 civil lawsuits from men and women accusing him of assault, rape and sexual exploitation.

The star has vehemently denied all charges against him and the claims in the civil lawsuits, arguing that the sexual encounters at the heart of his criminal case were all consensual.

2 lawsuits filed against lawyer

In a separate development, two separate lawsuits were filed Monday against one of the lawyers known for leading more than 120 lawsuits against Mr. Combs.

One lawsuit, filed by an unnamed “known individual” against Texas attorney Tony Buzbee, alleged that Mr. Buzbee tried to extort him by threatening to make public “completely fabricated and malicious allegations of sexual assault.”

In court documents obtained by the BBC, the accuser identified himself as a former associate of Diddy and acknowledged attending events with the embattled music mogul.

The lawsuit against Mr. Buzbee alleges that the Houston lawyer follows a “clear playbook” for extorting celebrities, fabricating accusations and demanding letters demanding payment.

The lawsuit alleges that if the demands are not met, he will turn to the media to apply public pressure.

Mr Buzbee, who denies wrongdoing, described the filing as a “last ditch effort” to stop him from naming the person.

“It is clear that the frivolous lawsuit filed against my company is an aggressive attempt to silence me and ultimately my clients,” he said in a statement to the BBC.

“No amount of money was included in the demand letters,” he wrote. “No threats have been made. The demand letters sent are no different than those routinely sent by attorneys across the country in all types of cases.”

A second legal claim was filed Monday by an unnamed woman in New York alleging abuse towards women.

The summons alleges that Mr. Buzbee abused his power as an attorney and violated the unnamed woman while representing her as a client.

“Plaintiff brings these causes of action to address Defendant’s misconduct, which began with his assault on Plaintiff and escalated during his representation of her in divorce proceedings in which he prioritized concealing his actions over protecting her legal interests,” the claim states.

In a statement to the BBC, the lawyer who filed the suit, Jeremy Bohrer, called Mr Buzbee a hypocrite.

“There’s nothing worse than when a black hat pretends to be a white hat.”

Mr. Buzbee has not yet responded to the second lawsuit. BBC News has reached out for comment.