CNN
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Sean “Diddy” Combs has continued to attempt to obstruct the federal government’s investigation into his sex trafficking case and is trying to taint the jury pool even while he is in federal jail, prosecutors allege in a new court filing.
A review of recorded calls from the Metropolitan Detention Center revealed Combs used the telephone accounts of at least eight inmates to allegedly evade monitoring, prosecutors said. They also alleged he paid the inmates through intermediaries in violation of the rules.
Combs had also used three-way calls to reach certain individuals not on an approved contact list and had used a non-authorized third-party system to send “hundreds of text messages” to dozens of individuals, including those not on the list, prosecutors said.
The new allegations were revealed in a court filing late Friday as federal prosecutors argue Combs should not be entitled to another bail hearing. Combs’ defense team declined comment. He is due back in court on Friday.
Combs is housed at the Metropolitan Detention Center in Brooklyn where he is awaiting trial on sex trafficking, racketeering conspiracy and prostitution-related charges. He has pleaded not guilty. In the past year, Combs has also been accused in multiple civil lawsuits of sexual assault or other misconduct, which he has denied.
The music mogul has sought to contact potential witnesses, including accusers, prosecutors said, with the goal of blackmailing them to keep quiet or provide testimony to help his defense.
“Since the defendant has been detained at MDC, he has continued to try to evade law enforcement monitoring, corruptly influence witness testimony, and further attack the integrity of these proceedings,” the prosecutors wrote.
Prosecutors say that “while attempting to evade law enforcement monitoring, the defendant has, among other things, orchestrated social media campaigns that are, in his own words, aimed at tainting the jury pool; made efforts to publicly leak materials he views as helpful to his case; and contacted witnesses through third parties.”
After Combs’ arrest in September, prosecutors have said multiple times that the government’s investigation into Combs is ongoing and active. A federal grand jury has been regularly convening in the continuing criminal investigation, CNN reported October 31, citing three sources.
The latest legal filing in the case comes one week after Judge Arun Subramanian rejected Combs’ attempt to silence all potential witnesses, saying Combs’ concerns do not outweigh an accuser’s right to free speech.
Subramanian’s November 8 gag order came as Combs’ legal team filed its latest request seeking release from jail based on new information, they argue, that undercuts the prosecution’s allegations that Combs forced women and others to engage in drug-fueled, dayslong sex acts.
Combs was twice denied bail, first by the magistrate judge who he appeared before, and again by the trial judge assigned to the case. That judge recused himself and the case was transferred to Subramanian.
In its court filing with numerous redactions, Combs’ attorneys claim that information they’ve obtained from prosecutors “negates” the government’s claim that there is a second victim – in addition to “Victim 1” as identified in the indictment – and weakens prosecutors’ allegation of witness tampering.
“The new material demonstrates that the government previously misrepresented the weight of the evidence. And it undermines the government’s claim that Mr. Combs presents a danger,” Combs’ lawyers wrote.
In its Friday filing opposing the renewed motion for bail, prosecutors say Combs “rehashes the same arguments” rejected by the two previous judges and “the defendant offers nothing new and material justifying a third bail hearing.”
Specific examples of how Combs has sought to relay messages to the public to advance his pledge of innocence are blacked out in the filing.
Prosecutors say after the judge ordered both sides to limit their public statements, Combs directed his family members to post on social media to influence the public’s perception, including a video of his children celebrating Combs’ birthday.
“The defendant (from within the MDC) then monitored the analytics — i.e. audience engagement — and explicitly discussed with his family how to ensure that the video had his desired effect on potential jury members in this case,” prosecutors said.
Combs’ inability to follow the rules in federal custody suggests he wouldn’t abide by any bail conditions set by the judge, prosecutors said.
Combs’ team has proposed a bail package that is similar to packages previously rejected by the judges. In addition to the $50 million bond, cosigned by Combs, his mother, the adult sons and others, they propose home detention with GPS monitoring and 24/7 monitoring by private security.
Visitors would be limited to Combs’ lawyers and family members under the latest proposal. In his prior bail proposal, Combs did not seek to exclude employees, friends or others from visiting.
