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Prosecutors are requested to destory their copies of handwritten notes that ‘Diddy’ took in jail, as they’re topic to attorney-client privilege
NEW YORK, USA – A US decide on Tuesday, November 19 ordered prosecutors to destroy their copies of handwritten notes that Sean “Diddy” Combs took in jail, pending a call on whether or not they can be utilized in preparation for the rapper and producer’s intercourse trafficking trial.
Throughout a listening to in Manhattan federal courtroom, US District Choose Arun Subramanian stated prosecutors mustn’t seek the advice of the notes whereas he considers the protection argument that they had been topic to attorney-client privilege, a authorized doctrine that safeguards confidential communications between attorneys and their purchasers.
“Eliminate them,” Subramanian instructed the prosecutors. Combs, 55, was arrested in September on expenses accusing him of utilizing his enterprise empire together with report label Unhealthy Boy Leisure to move girls and male intercourse employees throughout state strains to participate in recorded performances referred to as “Freak Offs.”
He has pleaded not responsible.
The music mogul is scheduled to go on trial beginning on Could 5 on three felony counts: racketeering conspiracy, intercourse trafficking and transportation to interact in prosecution. Combs’ attorneys have stated the sexual exercise described within the indictment was consensual.
Prosecutors with the U.S. Lawyer’s workplace in Manhattan acquired pictures of the notes that an investigator took throughout a search of Combs’ cell throughout a broad, pre-planned sweep on Oct. 28 by numerous federal businesses on the Metropolitan Detention Heart in Brooklyn.
The prosecutors stated Combs wrote about paying off potential witnesses and digging up filth on them. They stated that would quantity to obstruction of justice, that means attorney-client privilege mustn’t apply.
“The knowledge at challenge will not be protected,” prosecutor Mary Slavik stated on the listening to.
Slavik stated prosecutors had been nonetheless investigating the case and should carry extra expenses.
Marc Agnifilo, a lawyer for Combs, stated the notes involved protection witnesses and techniques. Agnifilo referred to as the seizure of the notes a violation of Combs’ proper to a good trial and the safety in opposition to self incrimination and unreasonable searches and seizures beneath the U.S. Structure.
“This has been an entire institutional failure,” Agnifilo stated.
Subramanian stated he would make a copy of the notes till he determines whether or not prosecutors have a proper to make use of them to construct their case. The decide stated a separate group throughout the US Lawyer’s workplace accountable for screening paperwork for attorney-client privilege might preserve them.
Individually, Combs is in search of to be launched on $50 million bail backed by his $48 million Florida mansion and co-signed by a number of members of the family. He has been denied bail thrice, with a number of judges citing a threat that he may tamper with witnesses.
A listening to is scheduled on the bail software for Friday. Prosecutors on Tuesday agreed that Subramanian mustn’t take into account the contents of Combs’ notes in deciding whether or not to launch him. – Rappler.com
