Sean “Diddy” Combs’ lawyers have filed a last-minute request regarding his Tuesday hearing over accusations that prosecutors unlawfully seized materials from the music mogul’s jail cell.
Beleaguered Bad Boy Records founder Combs was arrested and charged on September 16, in a three-count indictment, with racketeering conspiracy, sex trafficking, and transportation to engage in prostitution. He has pleaded not guilty and denied any wrongdoing. He has been denied bail on two occasions.
On Friday, prosecutors accused Combs of concealing communications from jail and running social media campaigns to taint potential jurors and leak information that could be helpful to his case. They also alleged that he has contacted witnesses through third parties.
In a letter filed Monday, the defense said that prosecutors acknowledged that they possess “possibly privileged materials, such as the notes recovered from the defendant’s cell” during bail arguments last week.
The defense called the search of Combs’ cell and seizure of personal items and paperwork an “outrageous government conduct amounting to a substantive due process violation.” They also asked for the issue to be “addressed immediately.”
In a last-minute request on Monday, Comb’s defense team also filed a letter to Judge Arun Subramanian, in which they requested that their client be unshackled for court on Tuesday morning “and for all future court appearances.”
“During the conference held on October 10, 2024, Mr. Combs appeared in leg shackles throughout the entire proceeding without any justification,” the lawyers wrote. “This was noticed by the press and the public.”
Citing previous cases, the lawyers argued that the use of restraints in the courtroom creates optics that risk invoking a juror bias against their client. The lawyers also suggested that continued use of the shackles would be degrading for Combs, and interfere with his ability to communicate with his legal team.
They concluded: “Because there is absolutely no reason to shackle Mr. Combs during court proceedings, and because such shackling prejudices the potential jury pool, undermines his presumption of innocence, interferes with his ability to communicate with counsel, and offends the dignity and decorum of the proceedings, we respectfully request that the Court direct the U.S. Marshals Service to remove his shackles before bringing him into the courtroom.”
Newsweek has contacted a legal representative of Combs via email for comment.
After Combs was previously denied bail on two occasions, another hearing on the matter is scheduled for Friday. However, the defense has requested an “immediate hearing” in order for prosecutors to explain who authorized the search of Combs’ cell. The rapper, producer, and businessman is currently being held at the Metropolitan Detention Center in Brooklyn, New York.
Combs’ lawyers have accused prosecutors of viewing Combs’ “privileged notes to his lawyers concerning defense witnesses and defense strategies.”
Combs is facing a maximum sentence of life in prison if convicted. He is also facing multiple lawsuits accusing him of sexual assault. In an October press conference, Texas-based attorney Tony Buzbee said he was representing 120 alleged victims as they seek legal action against Combs.
Responding to the plethora of lawsuits, Combs’ spokespeople have repeatedly pointed Newsweek to the following statement: “We live in a world where anyone can file a lawsuit for any reason and without any proof. Fortunately, a fair and impartial judicial process exists to find the truth and Mr. Combs is confident he will prevail against these and other baseless claims in court.”
Combs’ trial is scheduled to begin on May 5 in New York City.
Specialists from the Rape, Abuse, and Incest National Network (RAINN) sexual assault hotline are available 24/7 via phone (1 (800) 656-4673) and online chat. Additional support from the group is also accessible via the mobile app.
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