A federal judge ordered prosecutors Tuesday to destroy their copies of Sean “Diddy” Combs’ handwritten jail cell notes, temporarily blocking their use in the music mogul’s sex trafficking case while the court considers whether they’re protected by attorney-client privilege.
U.S. District Judge Arun Subramanian directed prosecutors to “get rid of them” during a Manhattan federal court hearing, barring consultation of the materials while he weighs defense arguments about their confidential nature. The judge will retain a copy pending his decision on their admissibility.
The notes were photographed during an October 28 multi-agency sweep of Combs’ cell at Brooklyn’s Metropolitan Detention Center. Prosecutors argue the contents suggest witness tampering, claiming Combs wrote about paying off potential witnesses and gathering compromising information about them.
“The information at issue is not protected,” prosecutor Mary Slavik argued, indicating ongoing investigations might yield additional charges. Defense attorney Marc Agnifilo countered that the notes detailed legitimate defense strategies and witnesses, calling their seizure “a complete institutional failure” that violated Combs’ constitutional rights.
Combs, 55, faces three felony counts: racketeering conspiracy, sex trafficking, and transportation to engage in prostitution. Prosecutors allege he used his Bad Boy Entertainment empire to transport women and male sex workers across state lines for recorded performances called “Freak Offs.” The music producer has pleaded not guilty, with his legal team maintaining any sexual activity was consensual.
The notes controversy emerges as Combs seeks $50 million bail, backed by his $48 million Florida mansion and family co-signers. Three previous bail requests were denied over witness tampering concerns. Prosecutors agreed the contested notes should not influence Friday’s scheduled bail hearing.
Judge Subramanian permitted the U.S. Attorney’s privilege-screening team to retain copies while determining their protected status. Combs’ trial is set to begin May 5.
