Prosecutors should destroy any copies of notes taken from rapper Sean Combs’ jail cell for now, a federal choose dominated on Tuesday.
The order from U.S. District Courtroom Choose Arun Subramanian got here after Combs’ attorneys argued that the notes have been privileged and prosecutors ought to have contacted them the second they realized the paperwork have been of their possession.
Throughout a Tuesday listening to, protection legal professional Marc Agnifilo informed the courtroom the notes have been on authorized pads and marked in ink as “authorized” or contained in manila envelopes that had the phrase “authorized” written on the entrance.
Agnifilo stated his consumer’s notes fell within the “heartland” of attorney-client privilege and that the protection crew wanted to do extra fact-finding earlier than they might determine what could be an applicable treatment.
However relying on what’s unearthed, the protection might ask for a dismissal of the indictment or that the present prosecution crew be eliminated.
Prosecutors say the notes have been obtained throughout a routine sweep performed by the Bureau of Prisons in an try to deal with points plaguing the Brooklyn jail the place Combs is housed.
They have been photographed by a BOP-employed investigator who has been tasked with monitoring Combs’ communications, Assistant U.S. Lawyer Mary Slavik informed the choose. This was not performed on the route of the prosecution crew, she added, and the paperwork have been subsequently processed by a taint crew.
Slavik stated the notes turned over by the taint crew weren’t protected, as they have been contained in a pocket book labeled “issues to do” and included issues like inspirational quotes and motion objects for a monetary advisor.
However Agnifilo stated the taint crew couldn’t presumably know whether or not or not paperwork have been coated by privilege as a result of they by no means requested the protection—and that they completely have been.
“Should you don’t discover cell telephones or medicine or a knife in there, put them again,” he stated of the BOP sweep. “Nobody ought to have these supplies aside from Mr. Combs.”
He added that notes a few monetary advisor could possibly be “one thing that’s associated to bail” and subsequently would fall beneath privilege.
“This has been an entire institutional failure,” he stated. “The time to work with us was once they bought the notes.”
Materials handed from the taint crew to the trial crew included the names of a possible protection trial witness and protection technique, which means the federal government was now on discover of potential protection strikes six months earlier than the case is about to be tried.
In the meantime, prosecutors stated the notes—which directed a cost to a possible witness and a route to a 3rd occasion to “discover grime”—weren’t coated by privilege and have been proof of ongoing legal conduct.
Subramanian ordered prosecutors to destroy any variations of the notes they could have for now, pending any future rulings, and that they’d set a schedule to temporary the problem.
Combs, 54, is due again in courtroom on Friday for a bail listening to. Judges have to date denied two bail packages supplied by the protection.
He has pleaded not responsible to fees together with racketeering conspiracy, intercourse trafficking and transportation to interact in prostitution.
The music mogul is represented by Agnifilo and Teny Geragos of Agnifilo Intrater, Anthony Ricco of Legislation Workplace of Anthony L. Ricco, Alexandra Shapiro of Shapiro Arato Bach, and Anna Estevao of Sher Tremonte.