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Federal prosecutors for now won’t be able to use a notebook from Sean “Diddy” Combs’ jail cell in which the disgraced hip-hop mogul allegedly wrote that finding “dirt” on two of his alleged victims was among his “things to do,” a judge ruled Tuesday.
The disgraced music mogul, who was wearing a jail-issued tan shirt and pants, notched a small legal win when the judge ordered the Manhattan US Attorney’s Office to delete photos of the 19 pages in the rapper’s notebook following a raid on his cell last month.
The material also can’t be used by prosecutors during another bond hearing for Combs, 55, on Friday, US District Judge Arun Subramanian determined.
The legal team for Combs, who is facing sex trafficking and racketeering charges, argued that the feds overstepped their authority when they seized the material from Combs in October, which the US Attorney’s Office has said was during a broad sweep of the Metropolitan Detention Center.
One of Combs’ lawyers, Marc Agnifilo, called the feds’ conduct “outrageous” and claimed their actions violated attorney-client privilege during the hearing.
“This has been a complete institutional failure,” Agnifilo said.
But prosecutor Mary Slavik said the government obtained the notes as part of the Justice Department’s ongoing investigation into alleged obstruction of justice by Combs, which could lead to more charges against him.
“The government received these materials in the completely appropriate channels,” she said.
She said the notebook was labeled “things to do” and featured notes by Combs about paying off potential witnesses and digging up dirt on them and two alleged victims, which would scrap attorney-client protection claims.
The notebook also included unidentified “inspirational quotes,” the feds said.
Subramanian said for now he’s stashing a copy of the notes until he decides if prosecutors can use them to build an obstruction case against the “All About The Benjamins” rapper.
The “I’ll Be Missing You” singer was arrested in September and hit with racketeering conspiracy, sex trafficking and transportation to engage in prostitution charges. He has pleaded not guilty.
He has since languished in the hellish detention center in Brooklyn ahead of trial despite his lawyers attempting to get him out on bail numerous times. Combs is also facing an avalanche of civil suits filed in recent months.
Another hearing on his bail application is set for Friday. The celebrity seeks to be released on $50 million bail, but prosecutors have argued he could potentially tamper with witnesses if released.
With Post wires
